Nothing in this article shall abrogate Virginia common law regarding either (i) the capacity of a minor to be contributorily negligent or to assume a risk or (ii) the standard for measuring the conduct of a minor.
§ 8.01-227.21.Common law regarding minors.
Chapter 3. Actions · Article 25. Winter Sports Safety Act · Last amended 2012 · Last verified July 16, 2026
In one sentenceSection 8.01-227.21 preserves Virginia’s existing common law on a minor’s capacity to be contributorily negligent or to assume a risk, and on the standard used to judge a minor’s conduct, so the Winter Sports Safety Act does not override it.
Full Text of § 8.01-227.21
Plain-English Summary
This short savings clause states that nothing in the article abrogates Virginia common law regarding either a minor’s capacity to be contributorily negligent or to assume a risk, or the standard for measuring a minor’s conduct.
The article’s assumption-of-risk presumption and operator-liability standard still operate within whatever framework Virginia courts already apply to a child’s judgment and capacity, rather than imposing a single adult standard on every participant regardless of age.
Frequently Asked Questions
Does the Winter Sports Safety Act change how Virginia law treats a minor’s ability to assume a risk?
No. Section 8.01-227.21 states that the article does not abrogate Virginia common law on a minor’s capacity to be contributorily negligent or to assume a risk.
What standard applies to judging a child’s conduct on the slopes under this article?
Whatever standard Virginia common law already applies for measuring a minor’s conduct; this section leaves that standard in place rather than replacing it.
Does a young child assume risk the same way an adult does under Virginia law?
Not necessarily. The article preserves the common-law distinctions that already exist for a minor’s capacity, rather than treating every participant the same regardless of age.
Why does the Act include a separate provision addressing minors?
Because the article’s assumption-of-risk and liability rules could otherwise be read to displace long-standing common-law rules specific to children’s capacity, and this section makes clear that they do not.
Does § 8.01-227.21 create a new rule of its own?
No. It is a savings clause that preserves existing Virginia common law rather than setting a new standard.
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
Also known as: virginia minor contributory negligence ski accident8.01-227.21 explainedchildren assumption of risk virginia skiing lawminor’s capacity for negligence virginia common lawvirginia winter sports act minors provision