Vermont applies modified-51 comparative fault with a 3-year SOL and no statutory non-economic cap.
Vermont operates modified-51 comparative negligence with a three-year PI limitation window. No statutory cap on non-economic damages.
12 V.S.A. § 512
Modified comparative, recovery barred at 51% claimant fault.
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Vermont law.
Reported Vermont decisions for each injury type, each with a link to the judgment and to the full injury guide.
On May 16, 2012, in stop and go traffic on Route 15 near St. Michael’s College in Colchester, a state police sergeant took his foot off the brake while rolling down a window for his dog.
whiplash in Vermont →In June 2017 Todd and Melissa Muller were seriously injured on their motorcycle in a collision with a car insured by GEICO; the other driver was at fault and each received $100,000.
whiplash in Vermont →Sally Taylor had lumbar surgery at Fletcher Allen that fused part of her lower spine with hardware.
back & spine in Vermont →In September 2015 Sadeta Zebic, at Rhino Foods since 1999, slipped without falling in a walk in cooler and hurt her right knee and lower back.
back & spine in Vermont →On October 7, 2011, Joseph LeClair, an experienced roofer, was replacing the roof on the building that housed his grandfather’s office.
head & brain in Vermont →On July 18, 2019, Frank Driscoll was running on East Shore Road, a 15 foot wide dirt road in Isle La Motte, when a company truck towing an eight foot trailer passed at about 19 mph.
head & brain in Vermont →On May 17, 2009, Faye Ainsworth visited her boyfriend, whom she later married, at his business, Chandler Electric.
fracture in Vermont →In spring 2014 Jay Bernasconi walked the grass at Hope Cemetery in Barre looking for his great grandfather’s gravestone.
fracture in Vermont →On October 21, 2014, Lincy Sullivan told a physician assistant at Mountain Health Center in Bristol about shortness of breath, leg pain and chest pain.
medical negligence in Vermont →Dow Tillson had elective cataract surgery on his left eye at Springfield Hospital.
medical negligence in Vermont →On September 2, 2014, Roger Rodrigue was a passenger in a car driven by a coworker on a work trip in Virginia when they crashed; both were hurt.
workplace in Vermont →Michael Hemond began as an apprentice lineman at Frontier in 2000.
workplace in Vermont →Statutes and rulings that come up again and again in Vermont injury claims, each with its source.
| Fault is not damages | A jury can find the other driver at fault and still award nothing if you do not prove the crash injured you.Brown v. State (Vt. 2018) |
|---|---|
| Fault rule | Your negligence does not bar recovery “if the negligence was not greater than the causal total negligence of the defendant or defendants,” and damages are reduced by your share. More than half bars the claim.12 V.S.A. § 1036(a) |
| Seat belt use | Not wearing a belt is not admissible as evidence in a civil case.23 V.S.A. § 1259(c) |
| Expert needed after surgery | Claims about post surgical nursing care after a spinal fusion were complex enough to need expert testimony.Taylor v. Fletcher Allen Health Care (Vt. 2012) |
| One appeal route | A comp claimant may appeal to the superior court or directly to the Supreme Court, not both.Zebic v. Rhino Foods (Vt. 2021) |
| Deadline to sue | Three years for “injuries to the person suffered by the act or default of another,” counted from discovery of the injury.12 V.S.A. § 512(4) |
| Ordering someone into danger | A property owner who orders a worker onto an obviously dangerous roof can owe a duty despite the obvious risk.LeClair v. LeClair (Vt. 2017) |
| Causation proof | When you cannot remember the crash, expert evidence must still show how the defendant caused it.Driscoll v. Wright Cut and Clean (Vt. 2024) |
How Vermont compares with its neighbours in the Northeast on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Vermont | Modified comparative, 51% bar | 3 years from date of injury |
| Connecticut (CT) | Modified comparative, 51% bar | 2 years from date of injury |
| Delaware (DE) | Modified comparative, 51% bar | 2 years from date of injury |
| District of Columbia (DC) | Pure contributory negligence | 3 years from date of injury |
| Maine (ME) | Modified comparative, 50% bar | 6 years for personal injury, longest in the US |
| Maryland (MD) | Pure contributory negligence | 3 years from date of injury |
| Massachusetts (MA) | Modified comparative, 51% bar | 3 years from date of injury |
| New Hampshire (NH) | Modified comparative, 51% bar | 3 years from date of injury |
| New Jersey (NJ) | Modified comparative, 51% bar | 2 years from date of injury |
| New York (NY) | Pure comparative negligence | 3 years for personal injury; 2 years 6 months for medical malpractice |
| Pennsylvania (PA) | Modified comparative, 51% bar | 2 years from date of injury |
| Rhode Island (RI) | Pure comparative negligence | 3 years from date of injury |
Common questions about personal injury claims in Vermont, answered with the relevant statutory references.
This page summarises the Vermont statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Vermont. See /methodology, /sources, and /disclaimer.
