Chapter 3. Actions · Article 25. Winter Sports Safety Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-227.18 puts the decision to wear a helmet, and to make sure it fits and works, on the participant or, for a participant under eighteen, on a parent, legal guardian, or supervising adult, and shields the operator from liability tied to a participant going without one.
Full Text of § 8.01-227.18
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Each winter sports participant, or the parent or legal guardian of, or adult acting in a supervisory position over, a participant under the age of 18, shall be responsible for determining whether the participant will wear a helmet and whether the helmet is sufficiently protective and properly sized, fitted, and secured.
Nothing in this article shall be construed to extend liability to an operator for injury to or death of a participant or other individual or damage to property resulting from a participant not wearing a helmet while participating in a winter sport.
Plain-English Summary
Whether to wear a helmet, and whether the helmet worn is sufficiently protective, properly sized, fitted, and secured, is the participant’s call — or, if the participant is under eighteen, the call of the parent, legal guardian, or adult supervising them. Nothing in the article makes that decision the operator’s duty.
The consequence follows directly: the article does not extend liability to an operator for an injury, death, or property damage resulting from a participant not wearing a helmet while taking part in a winter sport. That result connects back to § 8.01-227.11, which lists the limits of helmet protection, and the increased risk from a helmet that is not properly sized, fitted, or secured, among the inherent risks of winter sports.
Frequently Asked Questions
Does Virginia law require skiers to wear helmets?
No. Section 8.01-227.18 leaves the decision to the participant, or to a parent, legal guardian, or supervising adult if the participant is under eighteen.
Who is responsible for making sure a child’s ski helmet fits properly in Virginia?
The parent, legal guardian, or adult supervising the participant, if the participant is under eighteen.
Can I sue a Virginia ski resort for an injury because I was not wearing a helmet?
No. The article states that nothing in it extends liability to an operator for an injury resulting from a participant not wearing a helmet.
Does wearing a helmet guarantee protection from injury under Virginia law?
No. Section 8.01-227.11 recognizes that a helmet may not protect in every instance as one of the inherent risks of winter sports.
Is an operator required to provide or check helmets for participants?
No. The statute places that responsibility on the participant, or on the responsible parent, guardian, or supervising adult, not on the operator.
Amendment History
2012, c. 713.
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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