Virginia House Bill 1730 (codified as Va. Code § 8.01-42.6) becomes effective July 1, 2025, significantly changing Virginia's employer liability landscape. The law simplifies the ways in which plaintiffs can pursue civil claims against employers for their employees' tortious conduct, including intentional torts such as sexual battery. HB 1730 represents a significant shift in Virginia law and is worth a close examination for health care providers, particularly those treating vulnerable patient populations, such as nursing homes and hospitals.
Previously, Virginia courts held that employers were only liable for their employees’ intentional tortious conduct if the conduct was (1) within the scope of employment and (2) coincided with a job-related activity. The various tests courts employed to determine whether an employer was liable for an employee’s actions were often difficult to apply, but they allowed employers broad leeway to argue they should not be liable when an employee’s intentional tort was not within the scope of employment. For example, in the 2024 case H.C. v. Potomac Hospital Corp., the Virginia Court of Appeals held that a hospital was not liable for a nurse's sexual assault of a patient because the conduct was of a “wholly personal” motive outside the scope of the employer’s business.
Originally called the Sexual Assault Employer Accountability Act, HB 1730 was introduced in the 2025 General Assembly seemingly in direct response to the Court of Appeals’ decision in H.C. The initial version of the bill only applied to sexual battery claims, but its scope was expanded during the Session to cover all personal injury and wrongful death claims. After HB 1730 passed both houses, Governor Youngkin recommended that the bill be limited to its initial intent and only apply to sexual battery cases. However, the legislature rejected this amendment, and Governor Youngkin ultimately signed the bill into law. Importantly, HB 1730 makes clear that its provisions only apply to causes of action that accrue on or after July 1, 2025.
Under HB 1730, employers now face vicarious liability for an employee’s tortious conduct when all four of the following elements are proven:
1.) Contact & Causation: The employee's harmful conduct occurred while the employee was reasonably likely to be in contact with the vulnerable victim and directly caused personal injury or death to the vulnerable victim;
2.) Failure of Reasonable Care: The employer failed to use reasonable care to either:
a.) Prevent the employee from intentionally harming the vulnerable victim, OR
b.) Control the employee, resulting in unreasonable risk of harm to vulnerable victims;
3.) Knowledge of Control Ability: The employer knew or should have known of ability to control the employee; and
4.) Knowledge of Control Necessity: The employer knew or should have known of the necessity and opportunity to exercise such control.
Key Definition: "Vulnerable victim" specifically includes patients of health care providers.
HB 1730’s expanded scope of civil liability gives rise to additional liability exposure for health care providers. Providers may also see a potential impact on professional liability coverage as insurers assess additional risk under the new law. Hospitals and providers who treat patients on an inpatient basis are likely to be most affected.
Health care providers should take several steps to make sure they are prepared for HB 1730’s implications, including:
1.) Review and Improve Employment Policies: Update hiring, screening, and supervision protocols for patient-facing staff;
2.) Review and Improve Training Programs: Strengthen professional boundaries and professional conduct training programs;
3.) Insurance Review: Assess current coverage adequacy with carriers; and
4.) Documentation Systems: Implement robust supervision, training, and incident reporting documentation
HB 1730 represents a significant change for employer liability in Virginia. If you have questions about HB 1730 or its potential impact on health care organizations, contact a member of Byrne Canaan’s legal team.
This alert is for informational purposes only and does not constitute legal advice.
