Va. Model Jury Instr. Civ. No. 23.040

An occupant of premises does not guarantee an invitee’s safety, but has the duty:

(1) to use ordinary care to have the premises in a reasonably safe condition for an invitee’s use

consistent with the invitation unless the invitee [knows, or should have known, of the unsafe

condition; uses the premises in a manner that exceeds the scope of the invitation; goes to a place on the

premises where the invitee is not reasonably expected to go]; and

(2) to use ordinary care to warn an invitee of any unsafe condition that the occupant knows about,

or that the occupant should know about by the use of ordinary care. The occupant does not have

this duty if the unsafe condition would be open and obvious to an invitee who is using ordinary care

for his own safety.

If an occupant fails to perform any of these duties, then the occupant is negligent.