SB537 • 2026

Certain civil actions against employees; liability of employer to vulnerable victims.

<p class=ldtitle>A BILL to amend and reenact § 8.01-42.6 of the Code of Virginia, relating to certain civil actions against employees; liability of employer to vulnerable victims.</p>

Healthcare Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Obenshain
Last action: 2026-02-11
Official status: Failed
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on what happens when employers take reasonable steps and harm still occurs, nor does it specify the exact conditions under which an employer can be held responsible for their employee's actions if they knew about a risk but did not act to stop it.

Clarifying Employer Liability in Cases Involving Vulnerable Victims

This bill changes Virginia law to specify who qualifies as a 'vulnerable victim' when an employer might be held responsible for the actions of their employee.

What This Bill Does

Changes the definition of 'vulnerable victim' to include specific groups, such as patients in healthcare and residents in assisted living facilities.

Who It Names or Affects

Employers who might face legal action due to their employees' behavior towards vulnerable victims.
Vulnerable victims, such as patients in healthcare and residents of assisted living facilities, who can seek compensation from employers if harmed by an employee.

Terms To Know

vicarious liability: When one person or company is held responsible for the actions of another person or company they are connected to, like when an employer is responsible for their employees' actions.
vulnerable victim: A person who is at a disadvantage and more likely to be harmed due to their physical or mental condition or characteristics.

Limits and Unknowns

The bill does not specify what happens if the employer did take reasonable steps but harm still occurred.
It only applies to specific groups of people defined as 'vulnerable victims' and does not cover everyone who might be harmed by an employee's actions.

Bill History

2026-02-11 Courts of Justice
Passed by indefinitely in Courts of Justice (12-Y 3-N)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100433D
2026-01-13 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Certain civil actions against employees; liability of employer to vulnerable victims.
Clarifies that when determining an employer's vicarious liability in an action for personal injury or death brought by a vulnerable victim against an employee, the definition of "vulnerable victim" shall include only those persons enumerated in the bill.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
8.01-42.6
of the Code of Virginia, relating to certain civil actions against employees; liability of employer to vulnerable victims.

Be it enacted by the General Assembly of Virginia:

1. That §
8.01-42.6
of the Code of Virginia is amended and reenacted as follows:

§
8.01-42.6
. Liability of employer for personal injury or death by wrongful act.

A. In addition to any other available grounds for the determination of the course and scope of employment, in an action for personal injury or death by wrongful act brought by a vulnerable victim or the personal representative of a deceased vulnerable victim against an employee, the finder of fact at trial on the merits shall determine whether an employer shall be vicariously liable for the tortious conduct of such employer's employee based upon a finding that:

1. The employee's tortious conduct occurred while the employee was reasonably likely to be in contact with the vulnerable victim and such conduct proximately causes personal injury to such vulnerable victim or the death of such vulnerable victim by wrongful act;

2. The employer failed to exercise reasonable care to (i) prevent the employee from intentionally harming such vulnerable victim or (ii) control the employee resulting in an unreasonable risk of a vulnerable victim suffering personal injury or death by wrongful act;

3. The employer knew or should have known of the ability to control the employee; and

4. The employer knew or should have known of the necessity and opportunity for exercising such control over the employee.

B. For the purposes of this section, "vulnerable victim" means any person who is at a substantial disadvantage relative to an employee due to circumstances, including such person's physical or mental condition or characteristics, and, as a matter of law, shall include

only
a (i) patient of a health care provider, as defined in §
8.01-581.1
; (ii) person under a disability pursuant to §
8.01-2
; (iii) resident of an assisted living facility; (iv) passenger 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 pursuant to Chapter 31 (§
33.2-3100
) of Title 33.2; (v) passenger of a common carrier, as defined in §
46.2-2000
, excluding public transit agencies funded in whole or in part by the Commonwealth Mass Transit Fund, as defined in §
33.2-1526
; (vi) passenger of a nonemergency medical transportation carrier, as defined in §
46.2-2000
; and (vii) business invitee of an esthetics spa, as defined in §
54.1-700
, or a business offering massage therapy, as defined in §
54.1-3000
.

C. The determination of the issues pursuant to the provisions of this section shall be questions of fact for which the plaintiff shall bear the burden of proof and shall be subject to any available affirmative defenses.