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★ Vermont · fracture

Fracture settlements
in Vermont.

By 9 min read

No recent Vermont Supreme Court opinion turns on a fracture, so this page covers the fall cases that set the rules. A woman who tripped on a coil of wire leaving her boyfriend’s business had her case revived after Vermont dropped the social guest rule. A man who stepped into a hidden hole at Barre’s Hope Cemetery lost because he could not show how long it had been there.

Facts that decide a fracture claim in Vermont

One duty to all lawful visitorsAfter Demag (2014), a social guest is owed the same reasonable care as a business visitor; Ainsworth’s case was revived on that basis.Ainsworth v. Chandler (Vt. 2014)
How long the hazard existedWithout evidence of how long a hole was there, you cannot show better inspection would have found it.Bernasconi v. City of Barre (Vt. 2019)
Claims against the StateNo general notice statute; recovery against the State is capped at $500,000 per person and $2 million per occurrence.12 V.S.A. § 5601; see our notice table
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Vermont. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ VT · reported fracture outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • Ainsworth v. Chandler
    Vermont Supreme Court · 2014
    Summary judgment reversed

    On May 17, 2009, Faye Ainsworth visited her boyfriend, whom she later married, at his business, Chandler Electric. Leaving his office, she tripped at the bottom of the stairs and said a coil of wire stacked beside the stairs caught her ankle. The trial court treated her as a social guest owed a lesser duty. The Supreme Court reversed in light of Demag, which had just abolished that distinction.

  • Bernasconi v. City of Barre
    Vermont Supreme Court · 2019
    Summary judgment for the city affirmed

    In spring 2014 Jay Bernasconi walked the grass at Hope Cemetery in Barre looking for his great grandfather’s gravestone. He stepped into a foot sized hole deep enough to drop him to his knee, and his head hit the ground. Workers told him the next day they already knew about the hole. With no proof of how long it existed, the court affirmed for the city.

★ VT · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Vermont.

  1. 1

    Go back and photograph the hazard, and write down what staff tell you, as Bernasconi did.

  2. 2

    Ask neighbors or staff how long the hazard had been there; that fact decided Bernasconi.

  3. 3

    A friend’s or relative’s business owes you reasonable care, per Ainsworth.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
DelawareModified comparative, 51% bar2 years from date of injuryDE · fracture →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
VirginiaPure contributory negligence2 years from date of injuryVA · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
★ VT · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of VT
Vermont overview

Fault rule, statute, caps, and key facts for Vermont as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.