§ 8.01-227.11.Definitions.
Chapter 3. Actions · Article 25. Winter Sports Safety Act · Last amended 2012 · Last verified July 16, 2026
Full Text of § 8.01-227.11
Plain-English Summary
“Operator” reaches anyone responsible for running a winter sports area, including its officers, directors, employees, and agents. “Participant” is written broadly — any individual, regardless of age, physical or mental ability, whether an invitee or a trespasser, paying or not, ticketed or not, and even an employee of the operator taking part in a winter sport on the job or for recreation. “Participates in a winter sport” goes further still: it covers not just skiing or riding but taking or giving lessons, being a spectator, observer, bystander, or pedestrian near a trail, and riding as a passenger on a tramway.
Place and equipment definitions cover the physical side of a winter sports area. “Trail” includes any slope, run, freestyle terrain, or competition terrain, along with its edges and transition areas, but not a tubing park. “Winter sports area” reaches nearly all real and personal property under the operator’s control by any form of ownership or occupancy, again excluding a tubing park except for the tramway that serves one. “Winter sports area infrastructure” covers tramways, snowmaking equipment, buildings and towers, and the signs, fences, ropes, and flags used to manage participants, while “passenger tramway” is defined broadly enough to include a lift’s towers, foundations, and terminals along with the chairs or gondolas themselves.
“Winter sport” covers alpine, Nordic, telemark, and freestyle skiing, snowboarding, snowshoeing, tobogganing, sledding, and use of a snowmobile or similar device, on any surface and at any time of year, including adaptive equipment for a disabled participant — but the definition expressly excludes tubing and ice skating, which get their own separate, largely uncovered definitions. “Competition” covers organized contests such as races, mogul and jumping events, and snowcross, plus the training and practice that lead up to them.
The definition of “inherent risks of winter sports” lists ten categories: weather and visibility; surface and subsurface hazards such as changing snow, ice, and debris; variations in terrain difficulty; obstacles a trail runs toward or drops off to; collisions with other people, animals, or equipment; other participants acting negligently or recklessly; the location and design of trails and terrain; the general risk of serious injury that comes with using trails or being near competitions; the limits of helmet protection; and the hazards of riding a passenger tramway. That list does real work — the assumption-of-risk presumption in § 8.01-227.19 and the liability standard in § 8.01-227.20 are both built around it.
Frequently Asked Questions
Who counts as a participant under the Winter Sports Safety Act?
An unusually broad group — any individual of any age or physical or mental ability, whether an invitee or a trespasser, ticketed or not, plus any employee of the operator taking part in a winter sport as part of the job or for recreation.
Does watching a ski race or standing near a trail count as participating in a winter sport?
Yes. “Participates in a winter sport” includes being a spectator, observer, bystander, or pedestrian near a trail, not only skiing or riding.
Is tubing considered a winter sport under Virginia law?
No. The definition of “winter sport” expressly excludes tubing and ice skating; tubing and tubing parks are separately defined and largely fall outside the article’s coverage, except for a tramway that serves a tubing park.
What kinds of hazards count as inherent risks of winter sports?
Ten categories listed in § 8.01-227.11, including weather, changing snow and surface conditions, terrain difficulty and obstacles, collisions, other participants’ negligence, trail design, the general risk of injury from using trails, the limits of helmet protection, and tramway hazards.
What is a winter sports area, and does it cover the whole property?
Nearly all real and personal property under the operator’s control, however the operator occupies it, including trails, freestyle terrain, competition terrain, and tramways — but not a tubing park, apart from the tramway serving one.
Amendment History
2012, c. 713.