The VADA legislative committee identified the following key bills for tracking and input with the general assembly. Please be aware of these key legislative changes and advise your colleagues and clients regarding the following:
SB1291 General district courts; increases jurisdictional limits.
Summary As Introduced: Increases from $25,000 to $50,000 the maximum civil jurisdictional limit of general district courts for all civil actions. Under current law, only civil actions for personal injury or wrongful death have a maximum jurisdictional limit of $50,000. This bill is a recommendation of the Boyd-Graves Conference.
SB894 Personal injury or death by wrongful act; liability of employer to vulnerable victims. (Companion to HB1730)
Summary As Passed: Provides that in an action for personal injury or death by wrongful act brought by a vulnerable victim, defined in the bill, against an employee, a finding that the employee's employer is vicariously liable for such employee's conduct shall be based on several factors, including the likelihood of the employee coming into contact with such vulnerable victim and the employer's failure to exercise reasonable care over the employee.
§ 8.01-42.6. Liability of employer for personal injury or death by wrongful act. [H 1730] Approved May 2, 2025 Be it enacted by the General Assembly of Virginia:
A. 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:
1. 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;
2. 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;
3. The employer knew or 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.
B. 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 nonemergency medical transportation carrier, as defined in § 46.2-2000; and (vi) 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. 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.
2. That the provisions of this act shall apply only to a cause of action that accrued on or after July 1, 2025.
SB1010 Subpoenas duces tecum; financial records of nonparty.
Summary As Passed: Authorizes a nonparty to a civil proceeding to file a motion to quash or modify a subpoena duces tecum issued by a party to such proceeding for the production of (i) financial records of a nonparty account holder or (ii) if such nonparty is an attorney, such attorney's records subject to attorney-client privilege. The bill also prohibits certain financial entities from conditioning the compliance with a subpoena for production of financial records upon the payment of fees for producing such records. The bill directs the Supreme Court of Virginia to amend its rules as necessary to be consistent with the provisions of the bill. Finally, the bill directs the Boyd-Graves Conference to study whether the Code of Virginia should be amended further to grant standing to other nonparties to file a motion to quash or modify a subpoena duces tecum for other types of records requested by a party in a civil proceeding and to submit the findings of such study to the Chairmen of the Senate and House Committees for Courts of Justice by November 1, 2025. This bill is identical to HB 2565.
HB1628 Fire insurance; assignment of claims prohibited.
Summary As Introduced: Prohibits a fire insurance policy or a fire insurance policy in combination with other coverages from assigning or otherwise transferring, in whole or in part, to any other person the duties, rights, or benefits of the insured under the policy arising from a claim or covered loss without written consent of the insurer. Any such contract provision is void and unenforceable under the bill. This bill is identical to SB 1154.
FAILED legislation to note for future considerations:
SB1012 Motor vehicle collisions; collection of certain mobile telephone data; collision reports. FAILED
SB904 Medical malpractice; limitation on recovery; certain actions. FAILED
HB1628 Fire insurance; assignment of claims prohibited. FAILED
HB2481, SB788, SB803, SB1112 Workers' compensation; injuries caused by repetitive and sustained physical stressors. FAILED
SB1299 Workers’ compensation; injury or death caused by employers’ gross negligence or willful misconduct; cause of action at law. FAILED
HB1851 Workers' compensation; presumption for certain cancers; sheriffs and deputy sheriffs. FAILED
SB1301 Workers' compensation benefits; post-traumatic stress disorder incurred by firefighters, etc. FAILED
HB1919 Workplace violence policy; required for certain employers, civil penalty. GOV VETO
If you have feedback regarding our key bills of interest or are interested in attending our General Assembly Day, please reach out to Megan Wagner, attorney at KPM law at megan.wagner@kpmlaw.com.
