Vermont Statutes Title 13 Sec. 1384
Terms Used In Vermont Statutes Title 13 Sec. 1384
- Bodily injury: means physical pain, illness, or any impairment of physical condition. See
- Caregiver: means :
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Neglect: means intentional or reckless failure or omission by a caregiver to:
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 1384. Civil action; recovery by Attorney General
(a) The Attorney General may bring an action for damages on behalf of the State against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unlawful restraint or confinement), 1378 (neglect of a vulnerable adult), 1380 (financial exploitation), or 1381 (exploitation of services) of this title, in addition to any other remedies provided by law, not to exceed the following:
(1) $5,000.00 if no bodily injury results;
(2) $10,000.00 if bodily injury results;
(3) $20,000.00 if serious bodily injury results; and
(4) $50,000.00 if death results.
(b) In a civil action brought under this section, the defendant shall have a right to a jury trial.
(c) A good faith report of abuse, neglect, exploitation, or suspicion thereof pursuant to 33 V.S.A. § 6902 or federal law shall not alone be sufficient evidence that a person acted in reckless disregard for purposes of subsection (a) of this section. (Added 2011, No. 141 (Adj. Sess.), § 1.)