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Virginia law

Premises Liability Laws in Virginia.

Virginia premises-liability law retains the traditional invitee/licensee/trespasser distinctions and — unlike most states — continues to apply pure contributory negligence (Va. Code § 8.01-58). Any plaintiff fault, however slight, is a complete bar to recovery in a negligence action. The statute of limitations for personal-injury premises claims is 2 years (Va. Code § 8.01-243). Virginia's "open and obvious" doctrine functions as a significant defense.

Last verified: 2026-04-20

State law

Statute of Limitations

Virginia imposes a 2-year statute of limitations on personal-injury claims, including premises liability — running from the date of the injury.

State law

Fault & Liability Rules

Virginia is one of a small number of states (along with Alabama, North Carolina, Maryland, and the District of Columbia) that retains pure contributory negligence. Any fault on the plaintiff's part, however slight, is a complete bar to recovery unless the "last clear chance" doctrine or gross-negligence/willful-misconduct standards apply.

State law

Key Virginia Statutes

Personal-Injury Statute of LimitationsVa. Code § 8.01-243

Virginia's 2-year limitation for personal-injury claims.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.

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