Virginia Tort Claims Act

This act governs when governmental units may be held liable in tort, waiving governmental immunity to a defined extent and granting permission to sue on the claims that fall within that waiver. It sets out the scope of liability — including the duty owed for premises and special defects, the treatment of municipalities, school districts, and other public bodies, and a limit on the amount recoverable — while excluding broad categories of conduct from the waiver, among them discretionary decisions, legislative and judicial functions, certain governmental functions, and certain intentional torts; the immunity of individual employees is separately preserved, and liability and workers' compensation insurance are addressed. It also establishes the procedure for pursuing a claim, requiring notice to the governmental unit and commencement of suit on stated terms, and covering legal representation, settlement, an election of remedies between the governmental unit and its employees, and how a resulting judgment is paid and collected.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.