8.01-226 - Duty of care to law-enforcement officers and firefighters, etc. - Virginia Statutes

§ 8.01-226. Duty of care to law-enforcement officers and firefighters, etc.

An owner or occupant of real property containing premises normally open tothe public shall, with respect to such premises, owe to firefighters,Department of Emergency Management hazardous materials officers,nonfirefighter regional hazardous materials emergency response team members,and law-enforcement officers who in the performance of their duties come uponthat portion of the premises normally open to the public the duty to maintainthe same in a reasonably safe condition or to warn of dangers thereon ofwhich he knows or has reason to know, whether or not such premises are at thetime open to the public.

An owner or occupant of real property containing premises not normally opento the public shall, with respect to such premises, owe the same duty tofirefighters, Department of Emergency Management hazardous materialsofficers, nonfirefighter regional hazardous materials emergency response teammembers, and law-enforcement officers who he knows or has reason to know areupon, about to come upon or imminently likely to come upon that portion ofthe premises not normally open to the public.

While otherwise engaged in the performance of his duties, a law-enforcementofficer, Department of Emergency Management hazardous materials officer,nonfirefighter regional hazardous materials emergency response team member,or firefighter shall be owed a duty of ordinary care.

For purposes of this section, the term "law-enforcement officers" shallmean only police officers, sheriffs and deputy sheriffs and the term"firefighter" includes (i) emergency medical personnel and (ii) specialforest wardens designated pursuant to § 10.1-1135.

(1987, c. 442; 1992, c. 731; 1996, cc. 646, 660; 2000, c. 962.)