Virginia’s New Law Expands Employer Liability for Injuries to “Vulnerable Victims”

July in Virginia brings more than fireworks and high temperatures—it also marks the effective date for many new laws passed by the General Assembly. One of the more notable changes this year is the enactment of HB 1730, which adds a new section to the Virginia Code: § 8.01-42.6. This statute creates potential liability for employers whose employees harm certain individuals classified as “vulnerable victims.”

Who Is a "Vulnerable Victim”?

That term is defined at 8.01-46.2(B) as any person who is at a substantial disadvantage relative to an employee due to circumstances, including physical or mental conditions or characteristics, such as:

(i) patients of health care providers

(ii) individuals under a disability pursuant to 8.01-2

(iii) residents of assisted living facilities

(iv) passengers of a common carrier (as defined in 46.2-2000, excluding those transit services and transit facilities under the Washington Metropolitan Area Transit Authority Compact of 1966)

(v) passengers of a nonemergency medical transportation carrier (as defined in 46.2-2000), and

(vi) business invitees of an esthetics spa […] or a business offering massage therapy.

What Are New Requirements for the Employer?

Under the new statute, an employer may be held vicariously liable for the conduct of its employees if the plaintiff can prove that:

• the employee engaged in some tortious conduct against the "vulnerable victim" that caused some sort of injury or death
• the employer failed to exercise reasonable care to

—prevent the employee from intentionally harming a vulnerable victim, —control the employee resulting in an unreasonable risk of a vulnerable person suffering injury or death.

The law also requires that the plaintiff prove that the employer knew—or should have known—both of its ability to control the employee and of the need to do so.

Although the bill was originally introduced in the context of criminal sexual assault cases, it was significantly broadened during the legislative process. Notably, the term “vulnerable victim” may also extend to individuals such as infants, incarcerated persons, and those deemed incapacitated under guardianship or fiduciary laws.

What Should Employers Do?

If your business involves interaction with vulnerable populations, this law could affect your risk exposure. Now is the time to review your organizational structure, employee oversight, and internal protocols.

At Setliff Law, we can help evaluate your processes and procedures to ensure you’re following best practices that reduce the risk of liability under this new law. If you’d like to schedule a compliance review or learn more, please contact John Stacy (jstacy@setlifflaw.com) at (804) 377-1263 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.