Virginia General Assembly Expands Employer Liability for Acts Done by Employees

Virginia law now provides a private right of action against employers for “vulnerable victim[s]” injured by an employee. As of July 1, 2025, employers have a duty to “exercise reasonable care” in preventing or controlling employees who interact with vulnerable third parties.

Leah Stiegler and Raven Burks recently provided an overview of the law on an episode of What’s the Tea in L&E?. Below we examine it in more depth and provide concrete steps for employers.

Expanding Employer Liability for the Acts of an Employee

The new law (Va. Code § 8.01‑42.6) provides a personal injury or wrongful death cause of action for what it terms a “vulnerable victim.” A “vulnerable victim” is defined as “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.”

It also creates a non-exhaustive list of categories of “vulnerable victim[s],” including patients of healthcare providers, persons with disabilities, residents of assisted living facilities, passengers of common carriers and non-emergency medical transportation carriers, and “esthetics spa” customers.

Employers are liable to “vulnerable victim[s]” for an employee’s conduct if:

1. The conduct occurred “while the employee was reasonably likely to be in contact with the vulnerable victim” and causes the victim’s injury;
2. The employer “failed to exercise reasonable care” to prevent the harm or control the employee, “resulting in an unreasonable risk” to the vulnerable victim;
3. The employer 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.”

Before the law became effective, employers were not liable in Virginia for “negligent supervision” of an employee that resulted in harm to a third-party. A third-party could only sue an employer for the acts of an employee if the employer negligently hired or retained the employee or if the employee caused harm while acting within the scope of his employment—e.g., a delivery driver getting into an accident during his route. The new law is a significant change for employers and could leave many open to claims and lawsuits. .

Questions Remain

The non-exhaustive list of protected classes provides some insight into the meaning of “vulnerable victim,” but who else qualifies as a person at a “substantial disadvantage” to an employee “due to circumstances”?

The statute focuses on the third party’s “physical or mental condition,” but what if an employee negligently performs hazardous work—e.g., application of pesticides or chemical sprays, or electrical repair? Would that create a “substantial disadvantage” within the meaning of the statute? And what level of care by an employer will juries and courts consider to be “reasonable”?

It will take years for litigation to reach the Virginia Court of Appeals or Supreme Court and for those courts to define the statute’s contours. But that should not prevent employers from acting today.

Steps for Employers to Take Now

All employers, particularly employers expressly identified in the statute and those with high levels of third-party interactions, should carefully:

• Screen and vet: use background checks and reference verification before hiring roles with extensive customer contact
• Train and set expectations: provide regular instruction on safety, harassment prevention, and appropriate customer interactions
• Supervise high-risk roles: ensure added oversight where employees work unsupervised with customers, especially vulnerable populations
• Respond and document: act promptly on complaints or red flags and maintain records of investigations and corrective actions.

These common-sense steps will not only reduce the risk of harm to third parties, they will strengthen an employer’s position if confronted with a claim under this new law.

If you have questions about whether your business could face a lawsuit under the new law, please contact the author of this article or a member of the Woods Rogers Labor & Employment team.