2005 Vermont Code - § 1761. — Duty of reasonable care; negligence; liability

§ 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-based paint hazards. In an action brought under this section, evidence of actions taken or not taken to satisfy the requirements of this chapter, including performing essential maintenance practices, 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 for appropriate equitable relief.

(c) A person who is severely lead poisoned as a result of a violation of the duty of reasonable care before the age of six, or a parent, legal guardian or other person authorized to act on behalf of that person, shall have a cause of action to recover damages and other appropriate relief.

(d) The owner of target housing or a child care facility who has reduced lead-based paint hazards by completing risk assessment and controls and who has had a licensed inspector certify, pursuant to rules under section 1760 of this title, that identified lead-based paint hazards have been controlled in target housing or child care facility premises and the housing or facility contains no lead-contaminated dust shall not be liable for injury or other relief claimed to be caused by exposure to lead during the time period covered by the certification.

This immunity does not apply if:

(1) there was fraud in the certification process; or

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

(3) the owner created lead-based paint 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-based paint hazards may have recurred on the premises.

(e) A defendant in an action brought under this section has a right of contribution from any other person or persons who have violated subsection (a) of this section.

(f) The remedies provided under this section shall be the exclusive remedies against owners arising from lead-based paint hazards, except for the following:

(1) causes of action under 9 V.S.A. chapter 63;

(2) causes of action for relief under 9 V.S.A. § 4458; and

(3) common law actions for fraud or fraudulent misrepresentation.

(g) 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.

(h) In an action under 9 V.S.A. § 4458, compliance by the landlord with the duties required under section 1759 of this title shall create a conclusive presumption of habitability with respect to lead-based paint hazards. However, if a child under the age of six who occupies the dwelling is lead poisoned as defined in subdivision 1751(b)(16) of this title, this presumption shall be rebuttable, not conclusive. Presumptions under this subsection shall be limited to actions based on a breach of the warranty of habitability under 9 V.S.A. § 4458.

(i) This section shall apply only to actions arising from acts or omissions that occur on or after July 1, 1996. (Added 1995, No. 165 (Adj. Sess.), § 8.)