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Vermont Personal Injury Law

The following summary of Vermont personal injury laws and case types will help you understand important aspects of injury claims in this state.

Vermont Statute of Limitations:

Personal Injury: For general personal injury, 3 years.

Medical Malpractice: 3 years for medical malpractice and 2 years from date of discovery.

Product Liability: 3 years.

Caps on Personal Injury Awards in Vermont:

There are no caps on personal injury awards in Vermont.

Vermont Serious Injury Threshold:

There is no serious injury threshold in the state of Vermont.


Vermont is a Fault state and follows the modified comparative fault-51% theory. This means that if a plaintiff is more than 51% at fault, he or she will be unable to recover.

Personal Injury Claims & Theories of Liability Vermont:

Auto Accident Claims: Drivers are responsible for operating their vehicle in a way that does not cause damage to others. When drivers fail in their duty to exercise reasonable care and injuries result, the negligent drivers can be held responsible.

Product Liability Lawsuits: Products must be safe before they are placed in the stream of commerce for human use and consumption. When they are not safe and an injury occurs, the manufacturers, designers and distributors will be held strictly liable, meaning the plaintiff need not prove negligence or intent.

Workers' Compensation Laws: In Vermont, anyone employing others must carry workers compensation insurance in the event of workplace injury.  This insurance will then compensate for any medical expenses and settlements that occur as the result of workplace injury.

Wrongful Death Cases: When an individual dies as a result of the negligence of another whether this negligence occurred in the course of a medical malpractice case, an auto accident or any other situation in which a defendant is negligent, the negligent party will be liable to the decedent's estate.

Medical Malpractice Cases: These are injuries that occur when a medical professional fails to perform thier duties to the degree expected of them. These cases are difficult to prove if it can be shown that other doctors would have made the same or similar decisions.

Slip and Fall Accidents: Typically these accidents occur in commercial establishments, however this does not limit the property owner's responsibility. Property owners are required to make reasonable inspections and correct hazardous conditions (in commercial establishments) and warn of dangers (in residential situations). When they do not and injury occurs, the property owners are typically held liable.


For More Information Check out these sites:

Official Vermont State Government Website

Vermont State Bar Association




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