Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

VERMONT

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

3 years from malpractice or within two years of the date that the injury was, or should have been, discovered. In no event may suit be filed more than seven years (SOR) from the date of the malpractice. If a foreign object is not discovered within the three-year medical malpractice statute of limitations, the plaintiff may file suit within two years of the date that the object was, or should have been, discovered.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.

Intentional Torts

years

Municipal Liability/Sovereign Immunity

2 year SOL. State liable for certain injuries to same extent as private individuals however, numerous monetary limits apply. Liability not to exceed $250,000 to any one individual or $1,000,000 to all persons arising out of act or omission. Immunity also waived if municipal governmental entity has purchased liability insurance, although liability cannot exceed amount of insurance coverage.

Discovery Rule

Standard rule applies in Vermont except see medical malpractice above.

Comparative Negligence

Adopted. Contributory negligence does not bar recovery if plaintiff's negligence was not greater than causal total negligence of defendant or defendants, but damage shall be diminished in proportion to amount of negligence attributed to plaintiff. Where recovery is allowed against more than one defendant, each defendant shall be liable for that proportion of total dollar amount awarded as damages in ratio of amount of his causal negligence to amount of causal negligence attributed to all defendants against whom recovery is allowed.

Charitable Immunity

Abolished

Disabilities

SOL runs after disability removed. Infant (18^th birthday). SOL does not run during absence or concealment of defendant.

Punitive Damages

Allowed where malicious act or neglect proved.

No-Fault Insurance

None

Other Relevant Information

2 years for Dram Shop Liability.
1 year for Skiing Accidents (No liability for accidents outside open and designated ski trails).
Skier is liable in civil action for rescue and medical efforts if person used facilities of ski area to access terrain outside open and designated ski trails.

Consumer Fraud Complaint

Vermont Office of the Attorney General, Consumer Protection
http://www.atg.state.vt.us/display.php?smod=8
(802)828-3171