Tort Law

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

Defects-Latent Cases

1959 Certified T. V. & Appliance Co. v. Harrington, 201 Va. 109, 109 S.E.2d 126.

Defense of latent defect not applicable where defendant has knowledge of defective condition and has not met obligation to inspect. Case includes discussion of bridge collapse case involving latent defect.

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

Defects-latent.Plaintiffs sued on policy of insurance under which defendant had insured small boat against loss or damage caused by perils of sea or latent defect in hull or machinery. Evidence showed boat was seaworthy before start of short fishing trip and that there was no untoward incident during run. Presumption raised that loss occasioned by peril of sea or some latent defect, and was sufficient to support verdict for plaintiffs. Plaintiffs not required to show precise cause of loss.

1945 Greenland Corp. v. Allied, 184 Va. 588, 35 S.E.2d 801.

In this implied warranty action, plaintiff’s right to recover was not dependent on whether defects, if any, were curable or incurable.

1945 Stephens v. VEPCO, 184 Va. 94, 34 S.E.2d 374.

When accident occurs due to hidden and internal defect, which careful and thorough examination would not disclose and which could not be guarded against through exercise of sound judgment, then proprietor is not liable.