Act No. 93 Page 1 of 1
2022
This act summary is provided for the convenience of the public and members of the General
Assembly. It is intended to provide a general summary of the act and may not be
exhaustive. It has been prepared by the staff of the Office of Legislative Counsel without
input from members of the General Assembly. It is not intended to aid in the interpretation
of legislation or to serve as a source of legislative intent.
Act No. 93 (S.113). Judiciary; cause of action; toxic substances; medical
monitoring; manufacturer liability
An act relating to establishing a cause of action for medical monitoring
expenses
This act authorizes a cause of action by a person without a present injury for
medical monitoring against the owner or operator of a large facility from which a
toxic substance is released. All of the following are required to be demonstrated
by a preponderance of the evidence for a court to award medical monitoring: the
person was exposed to a toxic substance as a result of tortious conduct by the
large facility owner or operator who released the toxic substance; as a proximate
result of the tortious exposure, the person exposed has a greater risk of contracting
a latent disease; diagnostic testing is reasonably necessary; and medical tests or
procedures exist to detect the latent disease.
The act requires an award of attorney’s fees if medical monitoring is awarded.
The ability to pursue a cause of action for medical monitoring does not preclude
the pursuit of any other civil or injunctive remedy available under statute or
common law. The act exempts from the cause of action municipal facilities;
lawfully applied pesticides; and lead ammunition discharged, used, or stored by a
sport shooting range implementing a lead management plan.
The act adds persons who manufactured a hazardous material for commercial
sale to the list of persons who are strictly liable for the costs of responding to or
remediating a release of a hazardous material. A manufacturer would not be
strictly liable for a hazardous materials release if the manufacturer provided an
adequate warning of the harm posed by the hazardous material when the harm
was known or should have been known at the time the material was
manufactured. A manufacturer of a hazardous material found strictly liable for a
release is prohibited from impleading other potentially liable parties for the
purposes of contribution. The liability of a manufacturer of a hazardous material
applies retroactively.
Effective Date: July 1, 2022
VT LEG #363438 v.2


Statutes affected:
As Introduced: 10-6615
As Passed By the Senate -- Official: 10-6615
As Passed By the Senate -- Unofficial: 10-6615
As Passed by Both House and Senate -- Official: 10-6615
As Passed by Both House and Senate -- Unofficial: 10-6615
As Enacted: 10-6615