Tort Law

Brien Roche

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 Poison. For more information on poisons see the pages on Wikipedia.  

Poison-Statutes

See Va. Code § 32.1-239 as to toxic substances.

Poison-Cases

1982 Southern States Coop. v. Doggett, 223 Va. 650, 292 S.E.2d 331.

Action for breach of warranty of implied merchantability or fitness, where cattle had been poisoned by phorate allegedly contained in feed supplement. Circumstantial evidence held sufficient to create jury issue. To recover, plaintiff must show: (1) product unreasonably dangerous for use to which it is ordinarily put; and (2) condition existed when product left defendant’s hands.

1966 Norfolk & W. Ry. v. Anderson, 207 Va. 567, 151 S.E.2d 628.

Plaintiff’s tomato crop allegedly destroyed by chemical poison sprayed by defendant to kill brush. Defendant claimed damage caused by blight and not by spray. Res ipsa loquitur not applicable.

1953 McClanahan v. California Spray Corp., 194 Va. 842, 75 S.E.2d 712.

Manufacturer of economic poison may be liable for damage resulting from its use, though directions are not followed, provided product has been used in accordance with commonly recognized safe practice.

1943 Dennis v. Odend’Hal-Monks Corp., 182 Va. 77, 28 S.E.2d 4.

Muriatic acid left on top of truck; child consumed some; actions of child held unforeseeable.