SB 894: Personal injury or death by wrongful act; liability of employer to vulnerable victims. - Virginia

Governor Substitute Not Adopted → Chaptered · 3 edits

MINOR

The bill was converted from a Governor's substitute version to a final chaptered version, making it law. The substantive policy changes include broadening the definition of 'vulnerable victim' to include passengers of common carriers (with exceptions for public transit funded by the Commonwealth), removing specific exclusions from the definition, and expanding the types of wrongful acts covered from specific crimes to general 'personal injury or death by wrongful act'.

Scope change

The bill's scope was expanded to cover a broader range of wrongful acts beyond specific criminal sexual assault and abuse charges, and the definition of vulnerable victims was modified to include additional categories while removing certain exclusions.

SCOPE

Expanded the types of wrongful acts covered from specific criminal charges (sexual assault, abuse, malicious wounding) to general 'personal injury or death by wrongful act'.

ELIGIBILITY

Broadened the definition of 'vulnerable victim' by removing the 'abuse or neglect of a child' specific reference and adding 'passenger of a common carrier' with an exception for public transit agencies funded by the Commonwealth Mass Transit Fund.

REQUIREMENT

Updated the vicarious liability requirements to reflect the broader scope of wrongful acts and vulnerable victim categories.

Senator Perry, Russet Substitute → Governor Substitute Not Adopted · 4 edits

MODERATE

The bill was revised from a Senate substitute to a Governor substitute that narrows the scope of employer liability. The original version allowed lawsuits against employers for any personal injury or death caused by an employee, while the new version limits liability specifically to criminal sexual assault, abuse of a child, or malicious wounding of a minor. The definition of 'vulnerable victim' was also adjusted to remove common carrier passengers and add vulnerable adults.

Scope change

The bill's scope was narrowed from covering all personal injury or death cases to only specific criminal acts (criminal sexual assault, child abuse, or malicious wounding of a minor).

SCOPE

Changed the type of tortious conduct triggering employer liability from any personal injury or death to only criminal sexual assault, abuse or neglect of a child, or malicious wounding of a minor.

DEFINITION

Modified the definition of 'vulnerable victim' by removing passengers of common carriers and adding vulnerable adults as defined in state law.

REQUIREMENT

Removed the requirement that the employer knew or should have known of the necessity and opportunity for exercising control over the employee.

TECHNICAL

Changed the bill title to specify liability for criminal sexual assault rather than general wrongful acts, and updated the bill number and amendment type to reflect the Governor's substitute.

Courts of Justice Substitute → Senator Perry, Russet Substitute · 4 edits

MODERATE

The bill was revised from a Senate Committee substitute to a floor amendment by Senator Perry, changing how employer liability is determined in cases involving vulnerable victims. The amendment shifts the liability standard from requiring the employer to 'know or should have known' of the employee's conduct to requiring proof that the employer failed to exercise reasonable care or control over the employee. It also updates the definition of vulnerable victims to include patients of health care providers and passengers of nonemergency medical transportation carriers.

Scope change

The bill's scope remains focused on employer liability for tortious conduct by employees against vulnerable victims, but the legal standard for establishing liability has been modified.

REQUIREMENT

Changed the employer liability standard from requiring knowledge of the employee's tortious conduct to requiring proof that the employer failed to exercise reasonable care or control over the employee.

DEFINITION

Updated the definition of 'vulnerable victim' to include patients of health care providers and passengers of nonemergency medical transportation carriers.

TIMELINE

Added a provision stating the act applies only to causes of action that accrued on or after July 1, 2025.

TECHNICAL

Changed the procedural language regarding who determines vicarious liability from the plaintiff bearing the burden of proof to the finder of fact determining liability based on specific findings.

Enrolled → Courts of Justice Substitute · 5 edits

MODERATE

This bill was amended from its enrolled version to a Senate substitute version, which significantly simplified the liability rules for employers. The original version required a finder of fact to determine employer liability based on four specific conditions, while the substitute version reduces this to two conditions and removes the requirement that the employer failed to exercise reasonable care. Additionally, the definition of 'vulnerable victim' was narrowed by removing specific categories like assisted living residents and passengers of nonemergency medical transportation carriers.

Scope change

The bill's scope was narrowed by removing certain categories of vulnerable victims from the definition and simplifying the criteria for establishing employer liability.

REQUIREMENT

Reduced the number of conditions required to establish employer liability from four to two, removing the requirement that the employer failed to exercise reasonable care.

Changed the liability standard from requiring the employer to fail in exercising reasonable care to simply requiring the employer to have known or should have known of the opportunity to control the employee.

DEFINITION

Narrowed the definition of 'vulnerable victim' by removing specific categories including residents of assisted living facilities and passengers of nonemergency medical transportation carriers.

Changed the description of health care patients from 'patient of a health care provider' to simply 'health care patient'.

Removed the exclusion for public transit agencies funded by the Commonwealth Mass Transit Fund from the definition of common carrier passengers.

Introduced → Enrolled · 5 edits · May 2, 2025

MODERATE

The bill was transformed from a draft introducing employer liability for criminal sexual assault by employees into an enrolled law with significantly revised language. The final version broadens the scope from criminal sexual assault specifically to any wrongful act causing personal injury or death, and changes the liability standard from automatic vicarious liability to requiring proof that the employer failed to exercise reasonable care or control over the employee.

Scope change

The bill now applies to a wider range of incidents beyond criminal sexual assault, covering any wrongful act causing injury or death, and introduces a new definition of 'vulnerable victim' that includes patients, disabled persons, assisted living residents, and passengers of common carriers.

ELIGIBILITY

Changed the liability trigger from criminal sexual assault to any wrongful act causing personal injury or death to a vulnerable victim.

REQUIREMENT

Replaced automatic vicarious liability with a requirement that plaintiffs prove the employer failed to exercise reasonable care or control over the employee.

DEFINITION

Added a new definition of 'vulnerable victim' covering patients, disabled persons, assisted living residents, common carrier passengers, and spa/massage therapy business invitees.

TIMELINE

Added an effective date provision stating the act applies only to causes of action accruing on or after July 1, 2025.

SCOPE

Changed the title from focusing on criminal sexual assault to covering liability for personal injury or death by wrongful act.

Personal injury or death by wrongful act; liability of employer to vulnerable victims.

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