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 Gas and the related topic of premises liability.   For more information on premises liability see the pages on Wikipedia.

Gas-Cases

1998 Hegwood v. Virginia Natural Gas, 256 Va. 362, 505 S.E.2d 372.

Utility, such as natural gas company, is not responsible for dangerous defect in customer’s equipment or appliance beyond company’s delivery point. When company has actual knowledge of dangerous defect in customer’s equipment or appliance it has duty to exercise reasonable care to shut off all service to such equipment and has duty to warn occupants of known dangerous defect. In this case company representative determined that water heater had dangerous defect in that it was back drafting. Gas supply was cut off at control valve and also on fuel line leading to it. Mechanic also found boiler was defective although not dangerous. He shut off gas supply to boiler at control valve and at valve on fuel line leading to it. Water heater was red tagged containing warning. All of this was explained to adult resident. By unknown means gas supply to these two defective appliances was turned on. Residents thereafter were exposed to carbon monoxide and expired. Plaintiff alleges that gas company was negligent in failing to shut off gas supply at its meter. Trial court properly rejected this contention. Gas company complied with its duty.

1986 Banks v. City of Richmond, 232 Va. 130, 348 S.E.2d 280.

Gas explosion in apartment. Action of city not proximate cause of explosion.

1981 VEPCO v. Wilson, 221 Va. 979, 277 S.E.2d 149.

Gas main explosion.

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

It is common knowledge that gas ranges are properly and safely manufactured, installed and operated without any malfunction or incident.

1961 Clouthier v. Virginia Gas Distrib. Co., 202 Va. 646, 119 S.E.2d 234.

There was explosion and fire within home served by gas. Gas company owned supply lines to certain point. Plaintiff never established cause of explosion. There was evidence that there may have possibly been leak in defendant’s lines. But it was just as possible that leak occurred in plaintiff’s lines. Doctrine of res ipsa loquitur is not applicable, since all facilities from which gas could have leaked were not exclusive responsibility of defendant.

1949 Masters v. Hart, 189 Va. 969, 55 S.E.2d 205.

Gas explosion alleged.

1945 Mutual Benefit Health & Acc. Ass’n v. Hite, 184 Va. 614, 35 S.E.2d 743.

Plaintiff allegedly died of poisoning from chlorine gas.

1945 Smith v. City of Richmond, 184 Va. 40, 34 S.E.2d 371.

Leak from underground pipe. No duty to unearth pipes periodically and inspect them from outside.

1945 Braxton v. Flippo, 183 Va. 839, 33 S.E.2d 757.

Defendant poured gasoline on hot engine. He must have known of danger involved. Jury issue presented.

1944 Blue Diamond Coal Co. v. Aistrop, 183 Va. 23, 31 S.E.2d 297.

Plaintiff died by carbon monoxide poisoning; although no autopsy was done, evidence was sufficient to establish this as cause of death.