The defense of governmental immunity shall not be available to any person, firm or corporation in any cause of action for damages to the property of others proximately or directly resulting from blasting or the use of explosives in the performance of work for or on behalf of any governmental agency.
§ 8.01-224.Defense of governmental immunity not available to certain persons in actions for damages from blasting, etc.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-224 strips the defense of governmental immunity from any person, firm, or corporation sued for property damage caused directly or proximately by blasting or the use of explosives performed for or on behalf of a governmental agency.
Full Text of § 8.01-224
Plain-English Summary
Sovereign and governmental immunity often shield government agencies, and sometimes their contractors, from suit. This section carves out a specific exception for one especially damage-prone activity: blasting and the use of explosives. Where that work is performed for or on behalf of a governmental agency and causes property damage to others, the person, firm, or corporation responsible cannot invoke governmental immunity as a defense.
The provision reaches beyond the government itself — it covers “any person, firm or corporation,” language broad enough to include private contractors hired to do blasting work on a government project. The damage has to be proximately or directly caused by the blasting or explosives use; the section does not reach every form of damage connected to a government construction project, only that specific mechanism of harm.
Frequently Asked Questions
Can a government agency claim immunity for property damage caused by blasting on its project?
No. Section 8.01-224 removes governmental immunity as a defense in any cause of action for property damage proximately or directly caused by blasting or explosives use performed for or on behalf of a governmental agency.
Does this section apply to private contractors, or only government employees?
It applies broadly to “any person, firm or corporation,” which reaches private contractors performing blasting work for a government agency, not only government employees.
What kind of damage does this section cover?
Damage to the property of others that results proximately or directly from blasting or the use of explosives — it targets that specific type of harm rather than every form of construction-related damage.
Does this immunity carve-out apply to personal injury claims?
The text addresses damages to “the property of others”; it is framed around property damage from blasting rather than personal-injury claims generally.
Why does Virginia treat blasting differently from other government-related liability?
Blasting and explosives use carries an inherently high risk of property damage regardless of how carefully it is performed, and this section reflects a legislative judgment that governmental immunity should not leave property owners without recourse for that kind of harm.
Amendment History
Code 1950, § 8-654.5; 1970, c. 642; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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