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 Inherently Dangerous Activity and the related topic of premises liability. For more information about risk see the pages on Wikipedia.

Inherently Dangerous Activity-Cases

1993 Grim v. Rahe, Inc., 246 Va. 239, 434 S.E.2d 888.

Minor plaintiff injured when he touched defective light fixture. Plaintiff claimed that broken light fixture was dangerous instrumentality and, therefore, defendant was required to exercise high degree of care. In order for this doctrine to apply, instrumentality must not only be hidden or latent, but instrumentality must be easily accessible to children and in location where it is known that children frequently gather. That was not established in this case.

1988 Philip Morris, Inc. v. Emerson, 235 Va. 380, 368 S.E.2d 268.

Texaco buried supertoxic chemical on its property. Property then sold to Philip Morris. Jury found that Philip Morris did not have required reasonable opportunity to take effective precaution. Jury found against Texaco. Chemical disposal company was negligent as matter of law due to its carelessness in releasing deadly chemical into atmosphere.

1979 Featherall v. Firestone Tire & Rubber Co., 219 Va. 949, 252 S.E.2d 354.

From mere happening of accident, court will not conclude that product was inherently dangerous.

1974 M.W. Worley Constr. Co. v. Hungerford, Inc., 215 Va. 377, 210 S.E.2d 161.

Blasting is intrinsically dangerous and ultrahazardous activity.

1965 Southern States Grain Mktg. Coop. v. Garber, 205 Va. 757, 139 S.E.2d 793.

Plaintiff’s finger caught by cable activated by hoist. Defendant failed to warn plaintiff of danger inherent in situation.

1964 City of Richmond v. Branch, 205 Va. 424, 137 S.E.2d 882.

Construction of sewer line not inherently dangerous.

1961 General Bronze Corp. v. Kostopulos, 203 Va. 66, 122 S.E.2d 548.

Product is inherently dangerous when danger of injury stems from product itself and not from any defect.

1959 Ritter Corp. v. Rose, 200 Va. 736, 107 S.E.2d 479.

Moving heavy earth moving equipment across railroad tracks is inherently dangerous.

1957 City of Winchester v. Glover, 199 Va. 70, 97 S.E.2d 661.

Operation of gasoline service station is not inherently dangerous activity.

1953 Meek v. Graybeal, 195 Va. 381, 78 S.E.2d 593.

Operation of truck by inexperienced person is inherently dangerous activity.

1952 Pioneer Constr. Co. v. Hambrick, 193 Va. 685, 70 S.E.2d 302.

Street excavation inherently dangerous.

1946 Atlantic Greyhound Corp. v. Shelton, 184 Va. 684, 36 S.E.2d 625.

Carrying over-wide load on dark rainy night creates inherently dangerous situation to other motorists.