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 Invasion of Privacy and the related topic of intentional torts.   For more information on invasion of privacy see the pages on Wikipedia.

Invasion of Privacy-Statutes

See Va. Code § 8.01-40 creating limited right of privacy action for use of name and pictures.

See Va. Code § 8.01-42.3 creating civil action for stalking.

See Va. Code § 18-2-216.1 as to criminal penalty for unauthorized use of name or picture of any person.

See Va. Code § 19-2-59 indicating that any person who searches any place, person, or thing without search warrant shall be liable to any person aggrieved in both compensatory and punitive damages.

See Va. Code § 19-2-69 setting forth civil action for unlawful interception, disclosure, or use of oral or wire communications of another.

Invasion of Privacy-Cases

2002 WJLA-TV v. Levin, 264 Va. 140, 564 S.E.2d 383.

Physician sued TV station for defamation and violation of Va. Code § 8.01-40 based upon news publication about alleged improper medical treatment by physician. Court concluded that use of Dr. Levin’s image in promotional announcements was not an unauthorized use prohibited under this code section and therefore, jury verdict in favor of plaintiff is reversed.

1995 Town & Country Props. v. Riggins, 249 Va. 387, 457 S.E.2d 356.

Defendant attempted to market plaintiff’s former home by use of his name. This was held to be in violation of Va. Code § 8.01-40(A), which provides that any person whose name is used for advertising purposes without written consent may recover damages. This code section was found to be constitutional.

1987 Lavery v. Automation Mgt. Consultants, 234 Va. 145, 360 S.E.2d 336.

Action under Va. Code § 8.01-40 is held to be action to protect property right.