28.2-1106 - Liability limited; liability actions prohibited.
§ 28.2-1106. Liability limited; liability actions prohibited.
A. Except as provided in subsection B, a marine tourism professional is notliable for injury to or death of a participant resulting from the inherentrisks of marine tourism activities, so long as the warning contained in §28.2-1107 is posted as required, and, except as provided in subsection B, noparticipant or participant's representative is authorized to maintain anaction against or recover from a marine tourism professional for injury,loss, damage, or death of the participant resulting exclusively from any ofthe inherent risks of marine tourism activities; provided that in any actionfor damages against a marine tourism professional for marine tourismactivities, the marine tourism professional shall plead the affirmativedefense of assumption of the risk of the marine tourism activity by theparticipant.
B. Nothing in subsection A shall prevent or limit the liability of a marinetourism professional if the marine tourism professional does any one or moreof the following:
1. Commits an act or omission that constitutes negligence or willful orwanton disregard for the safety of the participant, and that act or omissionproximately causes injury, damage, or death to the participant;
2. Has actual knowledge or reasonably should have known of a dangerouscondition on the land or water, or in the facilities or equipment used in theactivity, or the dangerous propensity of a particular marine product used insuch activity and does not make the danger known to the participant, and thedanger proximately causes injury, damage, or death to the participant; or
3. Intentionally injures the participant.
C. Any limitation on legal liability afforded by this section to a marinetourism professional is in addition to any other limitations of legalliability otherwise provided by law.
(2009, c. 329.)