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2023 SESSION
23101881DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 2 of Title 35.1 a section numbered 35.1-17.1 as follows:
§ 35.1-17.1. Campgrounds; inherent risks; liability.
A. As used in this section, "camping" means all activities associated with visiting, staying at, or using any area of a campground.
B. A person who goes camping at a campground shall be presumed to have known the following inherent risks of camping:
1. Features of the natural world, such as trees, tree stumps, roots, brush, rocks, sand, water, soil, stinging and biting insects and animals, other wildlife, poisonous or noxious plants, and weather;
2. Uneven or unpredictable terrain;
3. Natural bodies of water and accessories permitting access to and the use of natural bodies of water, including piers, docks, swimming areas, and aquatic or recreation facilities or areas;
4. Another individual at the campground acting in a negligent manner;
5. Lack of lighting;
6. Campfires, including campfires in a fire pit or enclosure provided by the campground or any other campfire created by a person at the campground;
7. Violation of safety rules or disregard for signs communicating warnings;
8. Actions by the individual exceeding his physical limitations or abilities that cause his injuries; and
9. Animals of other individuals or groups visiting the campground that cause injury, unless the campground has accepted responsibility for care of the animal.
C. A campground and any owner, operator, employee, or officer of the campground shall be immune from civil liability for personal injury or death or property damage that occurs while a person is camping at such campground and that resulted from the inherent risks of camping. However, a campground and any owner, operator, employee, or officer of the campground shall not be entitled to immunity from civil liability for the following acts or omissions:
1. An act intended to cause personal injury or death or property damage;
2. An act made with a willful or wanton disregard for the safety or property of others; or
3. A failure to conspicuously post warning signs of a dangerous, inconspicuous condition on the property of which the person is aware by reason of a prior injury involving the same condition.