Bill > SB894

This bill introduces a new legal standard for determining when an employer can be held vicariously liable for an employee's wrongful actions that cause personal injury or death to a "vulnerable victim." The bill defines a vulnerable victim as someone at a substantial disadvantage due to physical or mental conditions, which specifically includes patients, people with disabilities, residents of assisted living facilities, passengers of common carriers and medical transportation, and business invitees of certain spas and massage therapy businesses. To establish employer liability, a court must find that: (1) the employee was likely to be in contact with the vulnerable victim when the tortious conduct occurred, (2) the employer failed to exercise reasonable care to prevent harm or control the employee, (3) the employer knew or should have known they could control the employee, and (4) the employer knew or should have known they needed to and could exercise such control. The bill places the burden of proof on the plaintiff and allows for any available affirmative defenses. Importantly, these new provisions will only apply to causes of action that arise on or after July 1, 2025, providing a clear timeline for implementation of the new legal standard.

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https://lis.virginia.gov/bill-details/20251/SB894