In cases not provided for in § 8.2-318 where recovery of damages for injury to person, including death, or to property resulting from negligence is sought, lack of privity between the parties shall be no defense.
§ 8.01-223.Lack of privity no defense in certain cases.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-223 eliminates lack of privity as a defense in negligence cases seeking damages for injury to person or property, except in the product-liability cases already covered by Virginia’s Uniform Commercial Code privity provision in § 8.2-318.
Full Text of § 8.01-223
Plain-English Summary
Privity is a legal relationship — typically contractual — directly connecting a plaintiff and a defendant. Historically, a defendant sued in negligence could sometimes escape liability by arguing there was no direct relationship between it and the injured plaintiff, even where the defendant’s carelessness caused real harm — a manufacturer, for instance, arguing that only the retailer it sold to, not the ultimate consumer, could sue it.
This section removes that defense for negligence claims seeking damages for injury to person, including death, or to property. As long as the case is not already covered by § 8.2-318, the UCC provision addressing privity in the sale-of-goods context, a defendant cannot defeat a negligence claim solely by pointing out that it had no direct relationship with the plaintiff.
Frequently Asked Questions
What does “lack of privity” mean as a defense?
It refers to a defendant arguing it cannot be liable to the plaintiff because there was no direct contractual or similar relationship between them — for example, a manufacturer arguing only its immediate buyer, not a downstream consumer, could sue it.
Can a manufacturer avoid a negligence suit by an injured consumer just because it never dealt with that consumer directly?
No. Section 8.01-223 eliminates lack of privity as a defense to a negligence claim for injury to person or property, in cases not already governed by § 8.2-318.
What is the relationship between this section and § 8.2-318?
Section 8.2-318 is Virginia’s UCC provision addressing privity in warranty and product-sales contexts; this section fills the gap for negligence claims outside that specific coverage, so lack of privity is not a defense either way.
Does this section apply to property damage claims, or only personal injury?
Both. The statute covers negligence claims seeking damages for injury to person, including death, or to property.
Does eliminating the privity defense mean a plaintiff automatically wins a negligence claim?
No. The plaintiff still has to prove every element of negligence — duty, breach, causation, and damages; this section only removes the absence of a direct relationship as an independent defense.
Amendment History
Code 1950, § 8-654.4; 1966, c. 439; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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