{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/3.2-6401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/3.2-6401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/3.2-6401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/3.2-6401.html"}],"law_id":358243,"edition_id":2,"section_id":358243,"structure_id":51232,"section_number":"3.2-6401","catch_line":"Liability limited; liability actions prohibited","history":"2006, c. 710, \u00a7 3.1-796.138; 2008, c. 860.","full_text":"A\n\nExcept as provided in subsection B, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in § 3.2-6402 is posted as required and, except as provided in subsection B, no participant or participant’s representative is authorized to maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities; provided that in any action for damages against an agritourism professional for agritourism activity, the agritourism professional shall plead the affirmative defense of assumption of the risk of agritourism activity by the participant.\n\nB\n\nNothing in subsection A shall prevent or limit the liability of an agritourism professional if the agritourism professional does any one or more of the following:\n\n1\n\nCommits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;\n\n2\n\nHas actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant; or\n\n3\n\nIntentionally injures the participant.\n\nC\n\nAny limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.\n\n","order_by":null,"text":{"0":{"id":1332843,"text":"Except as provided in subsection B, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in § 3.2-6402 is posted as required and, except as provided in subsection B, no participant or participant’s representative is authorized to maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities; provided that in any action for damages against an agritourism professional for agritourism activity, the agritourism professional shall plead the affirmative defense of assumption of the risk of agritourism activity by the participant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1332844,"text":"Nothing in subsection A shall prevent or limit the liability of an agritourism professional if the agritourism professional does any one or more of the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":1332845,"text":"Commits an act or omission that constitutes negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":1332846,"text":"Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":1332847,"text":"Intentionally injures the participant.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":1332848,"text":"Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":51232,"edition_id":2,"name":"Agritourism Activity Liability","identifier":"64","label":"chapter","depth":3,"order_by":3,"parent_id":51220,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 02:39:34","date_modified":"2026-08-02 12:27:44","permalink":{"id":1425441,"object_type":"structure","relational_id":51232,"identifier":"64","token":"3.2\/V\/64","url":"\/3.2\/V\/64\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51220,"edition_id":2,"name":"Domestic Animals","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":51103,"metadata":{"child_laws":207,"child_structures":28},"date_created":"2026-08-02 02:39:26","date_modified":"2026-08-02 12:27:43","permalink":{"id":1425135,"object_type":"structure","relational_id":51220,"identifier":"V","token":"3.2\/V","url":"\/3.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51103,"edition_id":2,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":5,"parent_id":null,"metadata":{"child_laws":1194,"child_structures":151},"date_created":"2026-08-02 02:37:33","date_modified":"2026-08-02 12:27:27","permalink":{"id":1420941,"object_type":"structure","relational_id":51103,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":358242,"structure_id":51232,"section_number":"3.2-6400","catch_line":"Definitions","url":"\/3.2-6400\/","token":"3.2\/V\/64\/3.2-6400","metadata":false},{"id":358243,"structure_id":51232,"section_number":"3.2-6401","catch_line":"Liability limited; liability actions prohibited","url":"\/3.2-6401\/","token":"3.2\/V\/64\/3.2-6401","metadata":false},{"id":358244,"structure_id":51232,"section_number":"3.2-6402","catch_line":"Notice required","url":"\/3.2-6402\/","token":"3.2\/V\/64\/3.2-6402","metadata":false}],"previous_section":{"id":358242,"structure_id":51232,"section_number":"3.2-6400","catch_line":"Definitions","url":"\/3.2-6400\/","token":"3.2\/V\/64\/3.2-6400","metadata":false},"next_section":{"id":358244,"structure_id":51232,"section_number":"3.2-6402","catch_line":"Notice required","url":"\/3.2-6402\/","token":"3.2\/V\/64\/3.2-6402","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-6401\/","history_text":"

This law was first created in 2006. The record of its establishment is cataloged in chapter 710<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":[{"id":358244,"section_number":"3.2-6402","catch_line":"Notice required","order_by":null,"url":"\/3.2-6402\/"}],"permalink":{"id":1425447,"object_type":"law","relational_id":358243,"identifier":"3.2-6401","token":"3.2\/V\/64\/3.2-6401","url":"\/3.2-6401\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/3.2-6401\/","token":"3.2\/V\/64\/3.2-6401","dublin_core":{"Title":"Liability limited; liability actions prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-6401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, an agritourism professional<\/span> is not liable for injury to or death of a participant<\/span> resulting from the inherent risks of agritourism activities, so long as the warning contained in § 3.2-6402<\/a> is posted as required and, except as provided in subsection B, no participant<\/span> or participant<\/span>’s representative is authorized to maintain an action against or recover from an agritourism professional<\/span> for injury, loss, damage, or death of the participant<\/span> resulting exclusively from any of the inherent risks of agritourism activities; provided that in any action for damages<\/span> against an agritourism professional<\/span> for agritourism activity<\/span>, the agritourism professional<\/span> shall plead the affirmative defense<\/span> of assumption of the risk of agritourism activity<\/span> by the participant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in subsection A shall prevent or limit the liability of an agritourism professional<\/span> if the agritourism professional<\/span> does any one or more of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Commits an act or omission that constitutes negligence<\/span> or willful or wanton disregard for the safety of the participant<\/span>, and that act or omission proximately causes injury, damage, or death to the participant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity, or the dangerous propensity of a particular animal<\/span> used in such activity and does not make the danger known to the participant<\/span>, and the danger proximately causes injury, damage, or death to the participant<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Intentionally injures the participant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any limitation on legal liability afforded by this section to an agritourism professional<\/span> is in addition to any other limitations of legal liability otherwise provided by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY LIMITED; LIABILITY ACTIONS PROHIBITED (\u00a7 3.2-6401)\n\nA. Except as provided in subsection B, an agritourism professional is not liable\nfor injury to or death of a participant resulting from the inherent risks of\nagritourism activities, so long as the warning contained in § 3.2-6402 is\nposted as required and, except as provided in subsection B, no participant or\nparticipant’s representative is authorized to maintain an action against\nor recover from an agritourism professional for injury, loss, damage, or death\nof the participant resulting exclusively from any of the inherent risks of\nagritourism activities; provided that in any action for damages against an\nagritourism professional for agritourism activity, the agritourism professional\nshall plead the affirmative defense of assumption of the risk of agritourism\nactivity by the participant.\n\nB. Nothing in subsection A shall prevent or limit the liability of an\nagritourism professional if the agritourism professional does any one or more of\nthe following:\n\n 1. Commits an act or omission that constitutes negligence or willful or wanton\n disregard for the safety of the participant, and that act or omission\n proximately causes injury, damage, or death to the participant;\n\n 2. Has actual knowledge or reasonably should have known of a dangerous\n condition on the land or in the facilities or equipment used in the activity,\n or the dangerous propensity of a particular animal used in such activity and\n does not make the danger known to the participant, and the danger proximately\n causes injury, damage, or death to the participant; or\n\n 3. Intentionally injures the participant.\n\nC. Any limitation on legal liability afforded by this section to an agritourism\nprofessional is in addition to any other limitations of legal liability\notherwise provided by law.\n\nHISTORY: 2006, c. 710, \u00a7 3.1-796.138; 2008, c. 860.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}