Tort Law

The cases below are a compilation of cases from the Virginia Supreme Court summarized by Brien Roche dealing with the topic of product defects-general and the related topic of product liability.For more information on product defects see the pages on Wikipedia.

Defects-General Cases

 1995 Slone v. General Motors Corp., 249 Va. 520, 457 S.E.2d 51.

Defects-general.Dump truck rolled over at dump site. Court rejected crash worthiness doctrine but stated that Motion for Summary Judgment was improperly granted as plaintiff should have been given opportunity to present evidence at trial as to defective nature of roof, that General Motors knew that rollover was foreseeable, and that General Motors failed to exercise reasonable care to warn of dangerous condition.

1975 Logan v. Montgomery Ward & Co., 216 Va. 425, 219 S.E.2d 685.

Defects-general.Gas stove explosion. Explosion alone not sufficient to establish defect.

1971 Norfolk & W. Ry. v. Keatley, 211 Va. 507, 178 S.E.2d 516.

FELA & Safety Appliance Act case. Safety Appliance Act imposes absolute liability upon proof of defective or insufficient safety equipment. Inefficiency may be established by showing failure to function when operated with due care in usual and customary manner.

1962 Oden v. South Norfolk Redev. & Hous. Auth., 203 Va. 638, 125 S.E.2d 843.

Plaintiff fell in pool of water in her apartment. Plaintiff claimed that plumbing repairs of landlord were ineffectual. No inference of negligence can be made from ineffectual repairs alone.

1955 Gleason & Co. v. International Harvester, 197 Va. 255, 88 S.E.2d 904.

Defective coupling device known as fifth wheel improperly installed or inspected. Implied warranty by seller that device would be suitable for purpose intended. International Harvester, manufacturer, properly dismissed as there was no evidence that device was defective when sold to Gleason by Harvester or that latter was negligent.

1955 Olds v. Wood, 196 Va. 960, 86 S.E.2d 32.

Shampoo applied to plaintiff’s hair ignited when cigarette lit. Plaintiff unable to establish negligence in manufacture.

1953 Glen Falls Ins. Co. v. Long, 195 Va. 117, 77 S.E.2d 457.

Boat sank. Boat covered by marine insurance policy. Proof that boat seaworthy before trip and that sinking was due to entry of water through hull, raised presumption that loss occasioned by perils of sea or latent defect.