Potomac Litigation
Nov 11, 20191 min
Updated: Nov 12, 2019
Family contracts with company to build home. It leaks, resulting in mold, resulting in sick family. Can they sue (in tort) for personal injuries? Virginia Supreme Court: Yes, if injuries caused by company's actions; no, if injuries caused by company's inaction.
Bottom line: If plaintiff, frame events in active terms (misfeasance); if defendant, flip it (nonfeasance).