8.2-722 - Who can sue third parties for injury to goods.
§ 8.2-722. Who can sue third parties for injury to goods.
Where a third party so deals with goods which have been identified to acontract for sale as to cause actionable injury to a party to that contract
(a) a right of action against the third party is in either party to thecontract for sale who has title to or a security interest or a specialproperty or an insurable interest in the goods; and if the goods have beendestroyed or converted a right of action is also in the party who either borethe risk of loss under the contract for sale or has since the injury assumedthat risk as against the other;
(b) if at the time of the injury the party plaintiff did not bear the risk ofloss as against the other party to the contract for sale and there is noarrangement between them for disposition of the recovery, his suit orsettlement is, subject to his own interest, as a fiduciary for the otherparty to the contract;
(c) either party may with the consent of the other sue for the benefit ofwhom it may concern.
(1964, c. 219.)