§ 20. Immunities and defenses
(a) Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees as defined in 3 V.S.A. § 1101; political subdivisions; local emergency planning committees; or an individual, partnership, association, or corporation involved in emergency management activities shall not be liable for the death of or any injury to persons or loss or damage to property resulting from an emergency management service or response activity, including the development of local emergency plans and the response to those plans. Nothing in this section shall exclude the State, its agencies, political subdivisions, or employees from the protections and rights provided in 12 V.S.A. chapter 189.
(b) Any individual, partnership, association, corporation, or facility that provides personnel, training, or equipment through an agreement with the local emergency planning committee, the State Emergency Response Commission, or local emergency response officials is immune from civil liability to the same extent provided in subsection (a) of this section for any act performed within the scope of the agreement. (Amended 1989, No. 252 (Adj. Sess.), § 17; 2005, No. 209 (Adj. Sess.), § 16; 2021, No. 105 (Adj. Sess.), § 372, eff. July 1, 2022.)
Structure Vermont Statutes
Title 20 - Internal Security and Public Safety
Chapter 1 - Emergency Management
§ 3. Vermont Emergency Management Division
§ 3a. Emergency Management Division; duties; budget
§ 6. Local organization for emergency management
§ 8. General powers of Governor
§ 9. Emergency powers of Governor
§ 10. Request to Governor by municipal authorities
§ 11. Additional emergency powers
§ 13. Termination of emergencies
§ 18. Personnel requirements and nonsubversion
§ 19. Powers outside town of appointment
§ 21. Compensation for injury or death
§ 23. General powers not limited by specific powers
§ 26. Change of venue because of enemy attack
§ 28. Emergency management medical program
§ 29. Emergency shelters; no private liability
§ 30. State Emergency Response Commission; creation
§ 31. State Emergency Response Commission; duties
§ 32. Local emergency planning committees; creation; duties
§ 33. Hazmat teams; team chiefs; creation
§ 34. Temporary housing for disaster victims
§ 35. Community disaster loans
§ 36. Debris and wreckage removal
§ 37. State financial participation in grants to disaster victims
§ 39. Fees to the Hazardous Substances Fund
§ 45. Emergency relief and assistance
§ 46. Disaster Relief Workers Fund; health care providers; reimbursement