Vermont § 1761 - Duty of reasonable care; negligence; liability

§ 1761. Duty of reasonable care; negligence; liability

• (a) An owner of rental target housing or a child care facility or an owner’s representative
  shall take reasonable care to prevent exposure to, and the creation of, lead hazards.
  In an action brought under this section, evidence of actions taken or not taken to
  satisfy the requirements of this chapter, including performing RRPM activities, may
  be admissible evidence of reasonable care or negligence. (b) Any person who suffers an injury proximately caused by an owner’s breach of this duty
  of reasonable care shall have a cause of action to recover damages and for all other
  appropriate relief. (c) The owner of rental target housing or a child care facility or the owner’s representative
  shall not be liable to a tenant of the housing or facility in an individual action
  for habitability under common law or pursuant to 9 V.S.A. chapter 63 or chapter 137, 10 V.S.A. chapter 153, or 12 V.S.A. chapter 169 for injury or other relief claimed to be caused by exposure to lead if, during the
  relevant time period, the owner is in compliance with section 1759 of this chapter
  and any of the following, should they exist: (1) the specific recommendations of a lead-based paint risk assessment report provided
  by a lead-based paint inspector-risk assessor; (2) any plan issued pursuant to section 1757 of this chapter; or (3) any assurance of discontinuance, order of the Commissioner, or court order regarding
  lead hazards. (d) The immunity under subsection (c) of this section shall not be available if: (1) there was fraud in the RRPM compliance statement under section 1759 of this chapter; (2) the owner or owner’s representative did not follow the recommendations of a lead-based
  paint risk assessment report provided by a licensed lead-based paint inspector-risk
  assessor; (3) the owner or owner’s representative created or allowed for the creation of lead hazards
  during renovation, remodeling, maintenance, or repair; or (4) the owner or the owner’s representative failed to respond in a timely fashion to notification
  that lead hazards may have recurred on the premises. (e) A defendant in an action brought under this section or at common law has a right to
  seek contribution from any other person who may be responsible, in whole or in part,
  for the child’s blood lead level. (f) Nothing in this section shall be construed to limit the right of the Commissioner
  or any agency or instrumentality of the State of Vermont to seek remedies available
  under any other provision of Vermont statutory law. (Added 1995, No. 165 (Adj. Sess.), § 8; amended 2007, No. 176 (Adj. Sess.), § 33; 2017, No. 149 (Adj. Sess.), § 2, eff. October 21, 2022; 2023, No. 85 (Adj. Sess.), § 43, eff. July 1, 2024.)