[Section 1761 effective until occurrence of contingency; see also contingent amendment to section 1761 .]

§ 1761. Duty of reasonable care; negligence; liability

(a) Owners of target housing and owners of child care facilities 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 EMP, 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 target housing or a child care facility 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 title and any of the following, should they exist:

(1) the conditions of a lead risk assessor's certification, pursuant to Vermont regulations for lead control, that all identified lead hazards have been controlled and the housing or facility has passed an independent dust clearance test;

(2) any plan issued pursuant to section 1757 of this title;

(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 certification process; or

(2) the owner violated conditions of the certification; or

(3) the owner created lead hazards during renovation, remodeling, maintenance, or repair after the certification; or

(4) the owner 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.)

[Contingent amendments to section 1761; see also section 1761 effective until occurrence of contingency .]

§ 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; or

(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; or

(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.)