Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and under unanticipated circumstances. Not included in this article are those public employees who are required by statutes or ordinances to be upon the premises at particular times, e.g., building inspectors or health department inspectors, and who are usually upon the premises at anticipated times and during "normal business hours."
Willard I. Walker & Marilyn K. Dunavant,
Liability of a Possessor of Premises to Public Officials for Physical Harm Caused by a Condition of the Premises - A Rule for Virginia,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol17/iss3/2