{"id":"DUT-VT-013","kind":"duty","level":"state","jurisdiction":"Vermont","state":"VT","metro":"","industry":"","agency":"","eco":"","issuer":"Vermont General Assembly (Title 20, chapter 1)","authority":"20 V.S.A. sec. 2 (definitions of \u0027all-hazards\u0027, \u0027emergency functions\u0027, \u0027emergency management\u0027); Governor\u0027s interpretive rule under 20 V.S.A. secs. 8 and 9 (Ex. VT-014 para. 6; Ex. VT-025 sec. 15)","instrument":"20 V.S.A. sec. 20 (Immunities and defenses)","title":"Immunities and defenses","dateIssued":"2022-07-01","effective":"standing; in force throughout March 2020 to September 2021; applied to COVID-19 health care response by Addendum 9 para. 6 (April 10, 2020) and Amended and Restated EO 01-20 sec. 15 (June 15, 2020 to June 15, 2021)","end":"standing (the Governor\u0027s interpretive rule expired with the Amended and Restated Order at midnight June 15, 2021)","startDate":"2020-04-10","endDate":"2021-06-15","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","HC","EMER"],"addressees":["persons \u0027involved in emergency management activities\u0027; by the Governor\u0027s rule, Health Care Facilities (nursing homes, assisted living, residential care, ICF/ID, therapeutic community residences, hospitals, alternate and isolation sites), Health Care Providers (18 V.S.A. sec. 9432(9)) and Health Care Volunteers responding to COVID-19"],"clause":"Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees...; 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","enforcement":"none; the condition is the loss of immunity: liability for willful misconduct or gross negligence and for any act outside \u0027emergency management service or response activity\u0027","functions":[],"notes":"Confers immunity from civil liability only on persons \u0027involved in emergency management activities\u0027 and only for loss \u0027resulting from an emergency management service or response activity\u0027, never for \u0027willful misconduct or gross negligence\u0027; the Governor\u0027s rule of April 10, 2020 confined the COVID-19 application to Health Care Facilities, Health Care Providers and Health Care Volunteers \u0027providing COVID-19 related emergency management services or response activities\u0027, the first of which is the \u0027expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures... as ordered by Addendum 3\u0027, so that the shield was earned by obeying the order. Vermont enacted no general business liability shield in 2020 or 2021.","sourceUrl":"https://legislature.vermont.gov/statutes/section/20/001/00020","snapshot":"","fileExists":true,"fileBytes":37639,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-VT","url":"/library/DUT-VT-013","exhibitUrl":"/exhibit/DUT-VT-013","citation":"Vermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 20 (Immunities and defenses) (standing) (Ex. DUT-VT-013)","stateName":"Vermont","related":["VT-014","VT-025","VT-045"]}