§ 8.01-227.20.Liability of winter sports area operator.
Chapter 3. Actions · Article 25. Winter Sports Safety Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-227.20 makes an operator liable for negligent, grossly negligent, reckless, or intentional conduct that causes injury or damage, bars recovery where the individual assumed the risk or was contributorily negligent, holds the operator to a reasonable-operation standard for tramways without treating it as a common carrier, and limits its duty toward trespassers.
A.A winter sports area operator shall be liable if the operator does any of the following:
1.Commits an act or omission related to a winter sport that constitutes negligence or gross negligence regarding the safety of an individual, or of property, and that act or omission proximately causes injury to or the death of the individual or damage to property; or
2.Recklessly, knowingly, or intentionally commits an act or omission related to a winter sport that proximately causes injury to or the death of a winter sports participant or other individual or damage to property.
B.No operator shall be liable and no individual or individual's representative may recover from an operator under subdivision A 1 or subsection C if the individual is found to have assumed the risk of his injury or death, or damage to property, pursuant to § 8.01-227.19 or if a proximate cause of the injury, death, or damage was his own negligence, provided that in any action for damages against an operator pursuant to subdivision A 1 or subsection C, the operator shall plead, as appropriate, the affirmative defense of (i) assumption of the risk by the individual, (ii) contributory negligence by the individual, or (iii) both assumption of the risk and contributory negligence.
C.A winter sports area operator shall not be considered a common carrier under Virginia law but shall be liable for any injury to or death of an individual or damage to property caused by the operator's failure to operate a passenger tramway in a reasonable manner or to comply with any mandatory provision of the ANSI Ski Lift Code.
D.The liability of a winter sports area operator to another individual who is not authorized by the operator to use or be present at the winter sports area shall be only the liability for the duty owed under Virginia law to a trespasser.
Plain-English Summary
Subsection A sets two paths to liability: an act or omission related to a winter sport that amounts to negligence or gross negligence regarding safety and proximately causes injury, death, or damage; or an act or omission that is reckless, knowing, or intentional and proximately causes injury, death, or damage to a participant or other individual.
Subsection B supplies the operator’s main defenses. No operator is liable, and no one may recover, under the ordinary-negligence path or under the tramway-specific standard in subsection C if the individual assumed the risk of the injury under § 8.01-227.19, or if their own negligence was a proximate cause. The operator has to raise these as affirmative defenses — assumption of risk, contributory negligence, or both — rather than relying on them automatically.
Subsection C addresses tramways specifically: an operator is not treated as a common carrier under Virginia law, but is liable for injury, death, or damage caused by failing to operate a tramway in a reasonable manner or by failing to comply with a mandatory provision of the ANSI Ski Lift Code. Subsection D limits the operator’s duty toward anyone not authorized to use or be present at the winter sports area to the liability owed a trespasser under Virginia law.
Frequently Asked Questions
When is a Virginia ski resort operator liable for an injury?
When it commits a negligent or grossly negligent act or omission regarding safety that proximately causes the injury, or a reckless, knowing, or intentional act or omission that does so.
Can an operator still be held liable if the injured skier assumed the risk?
No. Section 8.01-227.20(B) bars recovery under the ordinary-negligence and tramway provisions if the individual assumed the risk under § 8.01-227.19 or if their own negligence was a proximate cause.
Does the operator have to prove assumption of risk or contributory negligence, or does it apply automatically?
The operator must plead it as an affirmative defense — assumption of risk, contributory negligence, or both — rather than it applying on its own.
Is a Virginia ski area treated as a common carrier for chairlift injuries?
No. Section 8.01-227.20(C) states an operator is not a common carrier, but it is still liable for failing to operate a tramway reasonably or comply with a mandatory ANSI Ski Lift Code requirement.
What liability does an operator have toward a trespasser on the property?
Only the liability owed to a trespasser under Virginia law — a narrower duty than what is owed to an authorized participant.
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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