This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Strict Liability. For more information on strict liability see the pages on Wikipedia.
Strict Liability-Statutes
See Va. Code § 56-432 as to liability of railroad for injury on track not enclosed.
Strict Liability-Cases
1992 Harris v. T.L, Inc., 243 Va. 63, 413 S.E.2d 605.
Strict liability is not recognized in Virginia.
1974 M. W. Worley Constr. Co. v. Hungerford, Inc., 215 Va. 377, 210 S.E.2d 161.
Blasting is intrinsically dangerous and ultrahazardous activity. Rule of absolute or strict liability for direct damage to neighboring property, or direct injury to persons thereon, adopted with exception for persons harmed who had reason to know risk and who by virtue of privity of contract take part in it. Employer of independent contractor employed to carry on blasting is taking part in it.
1971 Norfolk & W. Ry. v. Keatley, 211 Va. 507, 178 S.E.2d 516.
Plaintiff injured when “angle cock stop” failed to stop train. Safety Appliance Act imposes absolute liability upon proof of defective or inefficient safety equipment. Inefficiency may be established by showing failure to function when operated with due care in usual and customary manner. See 45 U.S.C. § 1.43 (1964).
1968 Johnson v. Wilmoth, 209 Va. 82, 161 S.E.2d 682.
Automobile accident case where defendant was blinded by oncoming headlights. Virginia does not follow strict liability rule for temporary impairment of vision by glaring lights that requires motorists to stop or proceed at peril.
1960 Youngson v. Kirk, 202 Va. 176, 116 S.E.2d 38. Blasting case.
Some discussion of strict liability.
1959 Peck Iron Co. v. Seaboard R. R. Co., 200 Va. 698, 107 S.E.2d 421.
Under Featherstone Act, Va. Code § 56-428, railroad liable for damage from fires set by their engines or trains without showing of negligence.
1954 Pope v. Overbay, 196 Va. 288, 83 S.E.2d 365.
Strict liability applies in dynamite blasting case.
1954 Chesapeake & O. Ry. v. Seay, 195 Va. 566, 79 S.E.2d 631.
Under Va. Code § 56-428, if evidence shows fire started by sparks or coals emitted or dropped from engine then defendant is liable.
1944 Kirby v. Moehlman, 182 Va. 876, 30 S.E.2d 548.
Plaintiff sat on defective chair and fell over. Qualified duty of ordinary care becomes absolute duty where proprietor knew or should have known of danger that might have been easily removed.
