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2017 SESSION
17102558DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-226 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-226. Duty of care to law-enforcement officers, firefighters, etc.
A. An owner or occupant of real property containing premises normally open to the 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 upon that portion of the premises normally open to the public the duty to maintain the same in a reasonably safe condition or to warn of dangers thereon of which he knows or has reason to know, whether or not such premises are at the time open to the public.
An owner or occupant of real property containing premises not
normally open to the public shall, with respect to such premises, owe the same
duty to firefighters, Department of Emergency Management hazardous materials
officers, nonfirefighter regional hazardous materials emergency response team
members, and law-enforcement officers who he knows or has reason to know are
upon, about to come upon, or
imminently likely to come upon that portion of the premises not normally open
to the public. The common-law
doctrine known as the fireman's rule, a doctrine that
limits a defendant's liability for
otherwise culpable conduct resulting in property damage and
injuries to the public
officials named in this section, shall
not be a defense to claims (i) against third parties
whose negligent acts did
not give rise to the emergency to which such public official
is responding and who were not occupiers of the
premises where such emergency arose and injuries occurred; (ii) arising out of
further acts of negligence separate and apart from the negligent acts that gave
rise to the emergency to which such
public official is
responding; (iii) based
upon a violation of a statutory duty created for the
express benefit of such public
official; or
While otherwise engaged in the performance of his duties, a law-enforcement officer, 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.
B. For
purposes of this section, the term
"law-enforcement officers" shall mean means only police officers,
sheriffs, and deputy sheriffs and the term "firefighter" "firefighters"
includes (i) emergency medical personnel and (ii) special forest wardens
designated pursuant to § 10.1-1135.