CODE OF VIRGINIA LACK OF PRIVITY NO DEFENSE IN CERTAIN CASES (§ 8.01-223) 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. HISTORY: Code 1950, § 8-654.4; 1966, c. 439; 1977, c. 617.