{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-42.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-42.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-42.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-42.6.html"}],"law_id":73227,"edition_id":1,"section_id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","history":"2025, cc. 726, 727.","full_text":"A\n\nIn 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\n\nThe 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\n\nThe 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\n\nThe employer knew or should have known of the ability to control the employee; and4\n\nThe employer knew or should have known of the necessity and opportunity for exercising such control over the employee.B\n\nFor 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 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\n\nThe 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.","order_by":null,"text":{"0":{"id":263590,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":263591,"text":"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;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":263592,"text":"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;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":263593,"text":"The employer knew or should have known of the ability to control the employee; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":263594,"text":"The employer knew or should have known of the necessity and opportunity for exercising such control over the employee.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":263595,"text":"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 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":263596,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":280695,"object_type":"structure","relational_id":12887,"identifier":"3","token":"8.01\/3\/3","url":"\/8.01\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},{"id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","metadata":false},{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},{"id":85786,"structure_id":12887,"section_number":"8.01-39","catch_line":"Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal history record information; civil action","url":"\/8.01-40.3\/","token":"8.01\/3\/3\/8.01-40.3","metadata":false},{"id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","metadata":false},{"id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","metadata":false},{"id":75613,"structure_id":12887,"section_number":"8.01-41","catch_line":"Wrongful distraint, attachment","url":"\/8.01-41\/","token":"8.01\/3\/3\/8.01-41","metadata":false},{"id":54575,"structure_id":12887,"section_number":"8.01-42","catch_line":"Loss or injury to clothing in dyeing, dry cleaning, or laundering","url":"\/8.01-42\/","token":"8.01\/3\/3\/8.01-42","metadata":false},{"id":54010,"structure_id":12887,"section_number":"8.01-42.1","catch_line":"Civil action for racial, religious, or ethnic harassment, violence or vandalism","url":"\/8.01-42.1\/","token":"8.01\/3\/3\/8.01-42.1","metadata":false},{"id":71047,"structure_id":12887,"section_number":"8.01-42.2","catch_line":"Liability of guest for hotel damage","url":"\/8.01-42.2\/","token":"8.01\/3\/3\/8.01-42.2","metadata":false},{"id":70599,"structure_id":12887,"section_number":"8.01-42.3","catch_line":"Civil action for stalking","url":"\/8.01-42.3\/","token":"8.01\/3\/3\/8.01-42.3","metadata":false},{"id":80887,"structure_id":12887,"section_number":"8.01-42.4","catch_line":"Civil action for trafficking in persons","url":"\/8.01-42.4\/","token":"8.01\/3\/3\/8.01-42.4","metadata":false},{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},{"id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","metadata":false},{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},{"id":59911,"structure_id":12887,"section_number":"8.01-44","catch_line":"Action against parent for damage to private property by minor","url":"\/8.01-44\/","token":"8.01\/3\/3\/8.01-44","metadata":false},{"id":73464,"structure_id":12887,"section_number":"8.01-44.1","catch_line":"Immunity from civil liability of members of certain committees, etc","url":"\/8.01-44.1\/","token":"8.01\/3\/3\/8.01-44.1","metadata":false},{"id":72343,"structure_id":12887,"section_number":"8.01-44.2","catch_line":"Action against physician for vaccine-related injury or death","url":"\/8.01-44.2\/","token":"8.01\/3\/3\/8.01-44.2","metadata":false},{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},{"id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","metadata":false},{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},{"id":56974,"structure_id":12887,"section_number":"8.01-44.6","catch_line":"Action for injury to cemetery property","url":"\/8.01-44.6\/","token":"8.01\/3\/3\/8.01-44.6","metadata":false},{"id":81782,"structure_id":12887,"section_number":"8.01-44.7","catch_line":"Action for tampering with metering device and diverting service","url":"\/8.01-44.7\/","token":"8.01\/3\/3\/8.01-44.7","metadata":false}],"previous_section":{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},"next_section":{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-42.6\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 726<\/a> and 727<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":65252,"section_number":"33.2-1526","catch_line":"Commonwealth Mass Transit Fund","order_by":null,"url":"\/33.2-1526\/"},{"id":64996,"section_number":"33.2-3100","catch_line":"Washington Metropolitan Area Transit Authority Compact of 1966","order_by":null,"url":"\/33.2-3100\/"},{"id":70585,"section_number":"46.2-2000","catch_line":"Definitions","order_by":null,"url":"\/46.2-2000\/"},{"id":81123,"section_number":"54.1-700","catch_line":"Definitions","order_by":null,"url":"\/54.1-700\/"},{"id":80120,"section_number":"8.01-2","catch_line":"General definitions for this title","order_by":null,"url":"\/8.01-2\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280785,"object_type":"law","relational_id":73227,"identifier":"8.01-42.6","token":"8.01\/3\/3\/8.01-42.6","url":"\/8.01-42.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","dublin_core":{"Title":"Liability of employer for personal injury or death by wrongful act","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-42.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to any other available grounds for the determination of the course and scope of employment, in an action<\/span> for personal injury or death by wrongful act brought by a vulnerable victim<\/span> or the personal representative of a deceased vulnerable victim<\/span> against an employee, the finder of fact<\/span> at trial<\/span> 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<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The employee’s tortious conduct occurred while the employee was reasonably likely to be in contact with the vulnerable victim<\/span> and such conduct proximately causes personal injury to such vulnerable victim<\/span> or the death of such vulnerable victim<\/span> by wrongful act; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> The employer knew or should have known of the ability to control the employee; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The employer knew or should have known of the necessity and opportunity for exercising such control over the employee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section, “vulnerable victim<\/span>” means any person<\/span> who is at a substantial disadvantage relative to an employee due to circumstances, including such person<\/span>’s physical or mental condition or characteristics, and, as a matter of law<\/span>, shall include a (i) patient of a health care provider, as defined in § 8.01-581.1<\/a>; (ii) person<\/span> under a disability pursuant to § 8.01-2<\/a>; (iii) resident of an assisted living facility; (iv) passenger of a common carrier, as defined in § 46.2-2000<\/a>, excluding those transit services and transit facilities under the Washington Metropolitan Area Transit Authority Compact of 1966 pursuant to Chapter 31 (§ 33.2-3100<\/a>) of Title 33.2; (v) passenger of a common carrier, as defined in § 46.2-2000<\/a>, excluding public transit agencies funded in whole or in part by the Commonwealth Mass Transit Fund, as defined in § 33.2-1526<\/a>; (vi) passenger of a nonemergency medical transportation carrier, as defined in § 46.2-2000<\/a>; and (vii) business invitee of an esthetics spa, as defined in § 54.1-700<\/a>, or a business offering massage therapy, as defined in § 54.1-3000<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The determination of the issues<\/span> pursuant to the provisions of this section shall be questions of fact<\/span> for which the plaintiff<\/span> shall bear the burden of proof<\/span> and shall be subject to any available affirmative defenses<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF EMPLOYER FOR PERSONAL INJURY OR DEATH BY WRONGFUL ACT (\u00a7\n8.01-42.6)\n\nA. In addition to any other available grounds for the determination of the\ncourse and scope of employment, in an action for personal injury or death by\nwrongful act brought by a vulnerable victim or the personal representative of a\ndeceased vulnerable victim against an employee, the finder of fact at trial on\nthe merits shall determine whether an employer shall be vicariously liable for\nthe tortious conduct of such employer’s employee based upon a finding\nthat:\n\n 1. The employee’s tortious conduct occurred while the employee was\n reasonably likely to be in contact with the vulnerable victim and such conduct\n proximately causes personal injury to such vulnerable victim or the death of\n such vulnerable victim by wrongful act;\n\n 2. The employer failed to exercise reasonable care to (i) prevent the employee\n from intentionally harming such vulnerable victim or (ii) control the employee\n resulting in an unreasonable risk of a vulnerable victim suffering personal\n injury or death by wrongful act;\n\n 3. The employer knew or should have known of the ability to control the\n employee; and\n\n 4. The employer knew or should have known of the necessity and opportunity for\n exercising such control over the employee.\n\nB. For the purposes of this section, “vulnerable victim” means any\nperson who is at a substantial disadvantage relative to an employee due to\ncircumstances, including such person’s physical or mental condition or\ncharacteristics, and, as a matter of law, shall include a (i) patient of a\nhealth care provider, as defined in § 8.01-581.1; (ii) person under a\ndisability pursuant to § 8.01-2; (iii) resident of an assisted living\nfacility; (iv) passenger of a common carrier, as defined in § 46.2-2000,\nexcluding those transit services and transit facilities under the Washington\nMetropolitan Area Transit Authority Compact of 1966 pursuant to Chapter 31\n(§ 33.2-3100) of Title 33.2; (v) passenger of a common carrier, as defined\nin § 46.2-2000, excluding public transit agencies funded in whole or in\npart by the Commonwealth Mass Transit Fund, as defined in § 33.2-1526; (vi)\npassenger of a nonemergency medical transportation carrier, as defined in §\n46.2-2000; and (vii) business invitee of an esthetics spa, as defined in §\n54.1-700, or a business offering massage therapy, as defined in §\n54.1-3000.\n\nC. The determination of the issues pursuant to the provisions of this section\nshall be questions of fact for which the plaintiff shall bear the burden of\nproof and shall be subject to any available affirmative defenses.\n\nHISTORY: 2025, cc. 726, 727.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}