Tort Law

 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 blasting and the topic of premises liability.  For more information about blasting issues see the page on Wikipedia. 

Blasting-Cases

1981 Laughon & Johnson, Inc. v. Burch, 222 Va. 200, 278 S.E.2d 856.

When property is damaged by vibration or concussion from blasting operation, strict liability applies.

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 person thereon, adopted with exception for persons harmed who had reason to know risk and who by virtue of privity of contract took part in it.

1965 Green & Co. v. Thomas, 205 Va. 903, 140 S.E.2d 635.

Contractor performing work for state not liable unless negligent.

1960 Young & Son v. Kirk, 202 Va. 176, 116 S.E.2d 38.

Weight of authority is against applicability of res ipsa loquitur to blasting cases. Negligence may not be inferred because concussions of earth or air of undetermined and unmeasured intensity were noticeable at considerable distance. To hold otherwise would permit jury to speculate.

1954 Pope v. Overbay, 196 Va. 288, 83 S.E.2d 365.

Trial court adopted plaintiff’s view that, in blasting case, proof of negligence is not necessary to recover. Question of whether proof of negligence is necessary was not presented on appeal.

1942 Sayers v. Bullar, 180 Va. 222, 22 S.E.2d 9.

State employee immune in this blasting case.