The Vermont Statutes Online

Title 12: Court Procedure

Chapter 201: Immunity from Liability

• § 5781. Nonprofit organizations

  A person who serves without compensation as a director, officer, or trustee of a nonprofit organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally liable for damages resulting from:

  (1) any act or omission within the scope of the person’s official functions or duties which is done in good faith, unless it constitutes gross negligence or an intentional tort; however, this subdivision shall not protect a person from liability for damages which result from the operation of a motor vehicle;

  (2) any act or omission of an employee of the nonprofit organization; or

  (3) any act or omission of another director, officer, or trustee. (Added 1987, No. 45, eff. May 13, 1987.)

• § 5782. Libraries

  A person employed by a library with or without compensation shall not be held personally liable for damages resulting from:

  (1) information contained in any library materials; or

  (2) library services provided to library patrons in the course of his or her duties. (Added 1989, No. 28, § 3.)

• § 5783. Hazardous materials accidents

  (a) No action for damages to person or property may be maintained against a person who provides emergency assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened accidental discharge of hazardous materials, or in preventing, containing, or cleaning up or in attempting to prevent, contain, or clean up any such discharge. This section shall apply to assistance or advice provided at or to persons at the scene or in the immediate vicinity of the actual or threatened discharge only.

  (b) Subsection (a) of this section shall not apply:

  (1) to any person, or the employer or employee of any person, whose act or omission proximately caused in whole or in part the original actual or threatened discharge;

  (2) to any person, or the employer or employee of any person, who receives or expects to receive compensation or remuneration, other than reimbursement for out-of-pocket expenses, for services in rendering such assistance or advice from the recipient of such assistance or advice, from a person whose act or omission caused in whole or in part the discharge, or from someone acting on behalf of such persons; or

  (3) to any person who is not qualified by training, education, or experience, unless the person is supervised by a person who is so qualified.

  (c) As used in this section:

  (1) “Discharge” includes leakage, seepage, or other release.

  (2) “Hazardous materials” include all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.

  (3) “Person” includes any individual, partnership, corporation, association, or other entity, including a person who coordinates or provides advice and assistance in conjunction with an emergency response program.

  (d) Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from that person’s gross negligence or willful misconduct. (Added 1991, No. 192 (Adj. Sess.).)

• § 5784. Forcible entry of motor vehicle to remove unattended child or animal

  A person who forcibly enters a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if the person:

  (1) determines the motor vehicle is locked or there is otherwise no reasonable method for the child or animal to exit the vehicle;

  (2) reasonably and in good faith believes that forcible entry into the motor vehicle is necessary because the child or animal is in imminent danger of harm;

  (3) notifies local law enforcement, fire department, or a 911 operator prior to forcibly entering the vehicle;

  (4) remains with the child or animal in a safe location reasonably close to the motor vehicle until a law enforcement, fire, or other emergency responder arrives;

  (5) places a notice on the vehicle that the authorities have been notified and specifying the location of the child or animal; and

  (6) uses no more force to enter the vehicle and remove the child or animal than necessary under the circumstances. (Added 2015, No. 147 (Adj. Sess.), § 24.)