Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful Death Suits Against Employees
A new Virginia law , effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by a “vulnerable victim” against an employee. It mandates that a finder of fact in the trial of a personal injury or wrongful death action brought by a “vulnerable victim” against an employer’s employee must consider whether the employer of that employee should be held vicariously liable for the actions of its employee. A “vulnerable victim” plaintiff, according to the amendment, is one who is substantially disadvantaged compared to the defendant employee due to various circumstances, which can include physical or mental conditions. While not all-inclusive, the law expressly states that as a matter of law the definition includes: Patients of health care providers, 1 as defined in Virginia Code Section 8.01-581.1; Persons under disability 2 ...