The rights of “vulnerable victims” in Virginia have been strengthened with the passage of HB 1730 and SB 894. These measures were backed by the Virginia Trial Lawyers Association (VTLA) and received support from delegates and senators from both parties. The new law refines vicarious liability, reshaping how responsibility is assigned in cases involving negligence and intentional acts causing injury.
What Exactly is Vicarious Liability?
Vicarious liability holds one party accountable for the negligent actions of another. This is most commonly seen when an employer is held responsible for the actions of its employees. For example, if a pizza delivery driver causes an accident while speeding to make a timely delivery, their employer may be liable for damages. HB 1730 and SB 894 clarify and expand the scope of vicarious liability in Virginia, ensuring fairer outcomes in personal injury claims.
Key Changes Brought by the New Laws
HB 1730 and SB 894 strengthen protections for victims by requiring juries and bench trial judges (known as “finders of fact)” to determine whether vicarious liability exists when a personal injury or wrongful death lawsuit involves a vulnerable victim. The bill defines a “vulnerable victim” as someone who is “at a substantial disadvantage relative to an employee.” The bill includes examples, such as residents in assisted living facilities and patients at healthcare providers.
The new laws also provide a series of steps for finders of fact to determine whether vicarious liability applies. This helps ensure that employers are held accountable when they fail to properly supervise their employees, especially when interacting with vulnerable populations. These measures are effective only for incidents occurring on or after July 1, 2025.
What The New Laws Mean for You
For those who are considered a vulnerable victim, the new law prevents businesses from hiding behind their employees when they cause damage. This means that vulnerable victims and/or their families are more likely to receive the recovery they deserve if they are injured or killed by an employee's negligent or intentional acts.
If you've been injured, you do not need to handle this fight alone. Call us at 703-288-1400 or message us online today.
