Tort Law

See Va. Code § 36-97 et seq. as to Uniform Statewide Building Code.

Building Codes– Cases

2004 O’Neill v. Windshire-Copeland Assocs., L.P., 267 Va. 605, 595 S.E.2d 281.

Plaintiff fell from balcony of apartment building. Issue was whether contributory negligence is available where defendant’s violation of local building code is negligence per se and is a proximate cause of the injuries. Supreme court answers in the affirmative that it is available.

1990 MacCoy v. Colony House Bldrs., 239 Va. 64, 387 S.E.2d 760.

Commonwealth of Virginia has adopted National Electric Code and Uniform Statewide Building Code. Violation of Code by subcontractor does not automatically make general contractor liable.

1986 Pearson v. Canada Contr’g Co., 232 Va. 177, 349 S.E.2d 106.

Plaintiff attempted to set forth negligence per se cause of action based on building code. Court sustained demurrer on grounds that code did not apply to facts of this case.

1982 VEPCO v. Savoy Constr. Co., 224 Va. 36, 294 S.E.2d 811.

Dominant purpose of building code is to provide comprehensive protection of public health and safety. Although building code is penal in nature, it must be construed broadly enough to give effect to legislative purpose. Violation of code in this case held to be negligence per se.

1981 Fairfax County V. M. & S., Inc., 222 Va. 230, 279 S.E.2d 158.

Uniform statewide building code is patterned after B.O.C.A. Code.

1947 Gallagher v. Stathis, 186 Va. 444, 43 S.E.2d 33.

Violation of building codes referred to in this fire case.