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Exculpatory Clauses: Cases Summarized By Personal Injury Attorney

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 Exculpatory Clauses and the related topic of personal injury. For more information on exculpatory clauses see the pages on Wikipedia.

Exculpatory Clauses-Statutes

See Va. Code § 55-248.9 indicating that exculpatory clauses or indemnity clause within residential lease is unenforceable. If landlord attempts to enforce, then tenant may recover actual and reasonable attorneys’ fees.

See Va. Code § 56-119 indicating that contracts exempting common carrier shall be invalid.

See Va. Code § 56-122 setting forth instances when railroad, steamship and steamboat companies are not liable.

Exculpatory Clauses-Cases

l978 Richardson-Wayland Elec. Corp. v. VEPCO, 219 Va. 198, 247 S.E.2d 465.

Indemnity agreement invalid where at time of injury, VEPCO was acting in public capacity.

1978 Southern States Coop. v. Norfolk & W. Ry., 219 Va. 191, 247 S.E.2d 461.

Common carrier could not in this instance exempt itself from liability for personal injury.

1976 Chesapeake & O.R.R. v. Clifton-Forge Tel. Co., 216 Va. 858, 224 S.E.2d 317.

Contract for indemnity by common carriers is void. But, when called upon to perform service which it is not compelled to perform by the very nature of its operation as common carrier, it may indemnify itself from tort liability.

1974 Norfolk Term. Corp. v. United States Lines, 215 Va. 80, 205 S.E.2d 400.

N.T.C. claimed that under Pomereme Bill of Lading Act, language as to amount in containers constituted disclaimer of liability for short shipment. Statute only applies to bulk freight loaded by shipper; moreover, such language does not disclaim liability for goods which are actually received by carrier.

1968 Taylor v. Virginia Constr. Corp., 209 Va. 76, 161 S.E.2d 732.

Exculpatory clauses not apply to plaintiff son of tenant. Court erred in granting summary judgment for defendant; should have entered summary judgment for plaintiff and tried case on issue of damages.

1959 Davo Corp. v. Lee, 200 Va. 663, 107 S.E.2d 460.

Suit against builder for failure to build home in accord with plans. Court rejected defendant’s contention that plaintiff bound by written acknowledgement that house habitable.

1951 Revenue Aero Club v. Alexandria Airport, 192 Va. 231, 64 S.E.2d 671.

Agreement to absolve defendant of liability for loss or damage caused by matters beyond defendant’s control is valid. In bailment case this has effect of removing matter from contract classification and requires plaintiff to establish negligence on part of defendant.

1949 Luedtke v. Phillips, 190 Va. 207, 56 S.E.2d 80.

Cabinet installed on behalf of landlord in plaintiff’s apartment fell off wall, striking plaintiff. Verdict for defendant since plaintiff by terms of lease assumed risk of injury.

1943 Peninsula Transit Corp. v. Jacoby, 181 Va. 697, 26 S.E.2d 97.

Compliance by motor carrier with Va. Code § 56-316 removes it from prohibition of Va. Code § 56-119.

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Exculpatory Clauses: Cases Summarized By Personal Injury Attorney

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