What Is A Statute of Limitations In Vermont?

Covid-19 Tolling of Statutes of Limitations in Vermont

Due to the COVID-19 pandemic, many states have chosen to extend the statutes of limitations for many situations that would otherwise expire during this time. However, as stated in Vermont Administrative Order No. 49, there are currently no changes being made to any statute of limitations in Vermont.

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When considering whether or not to file a claim, time is of the essence. After an incident occurs, there is a deadline on when you are allowed to file a claim for it. This is a statute of limitations. Vermont, like all other states, has its own statutes of limitations which we have laid out on the page below.

Negligence / Personal Injury

3 Years Actions for the following causes shall be commenced within three years after the cause of action accrues, and not after:
(4) Except as otherwise provided in this chapter, injuries to the person suffered by the act or default of another person, provided that the cause of action shall be deemed to accrue as of the date of the discovery of the injury; Vt. Stat. Ann. tit. 12, § 512

Statute of repose – (a) An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than twenty years from the date of the last occurrence to which the injury is attributed. Vt. Stat. Ann. tit. 12, § 518

This is why it is crucial to speak with an attorney right away after an accident in Vermont. Once it has happened you only have 3 years from that date, or the date you discover the injury caused by the accident, to file a claim.

Fraud

6 Years A civil action, except one brought upon the judgment or decree of a court of record of the United States or of this or some other state, and except as otherwise provided, shall be commenced within six years after the cause of action accrues and not thereafter. Vt. Stat. Ann. tit. 12, § 511

Six year general statute applies to fraud claims. Estate of Alden v. Dee, 35 A.3d 950, 956 (Vt. 2011)

Should you suspect that you have been the victim of fraud, contact one of our attorneys straight away. Vermont has a deadline of 6 years in which an individual can file a claim for fraud.

Toxic Tort

Wrongful Death

2 Years Such action shall be brought in the name of the personal representative of such deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom such action accrues is out of the state, the action may be commenced within two years after such person comes into the state. After such cause of action accrues and before such two years have run, if the person against whom it accrues is absent from and resides out of the state and has no known property within the state which can by common process of law be attached, the time of his or her absence shall not be taken as part of the time limited for the commencement of the action. If the death of the decedent occurred under circumstances such that probable cause is found to charge a person with homicide, the action shall be commenced within seven years after the discovery of the death of the decedent or not more than two years after the judgment in that criminal action has become final, whichever occurs later. Vt. Stat. Ann. tit. 14, § 1492with Discovery Rule.

Medical Malpractice

3 Years Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical or surgical treatment or operation shall be brought within three years of the date of the incident or two years from the date the injury is or reasonably should have been discovered, whichever occurs later, but not later than seven years from the date of the incident. Vt. Stat. Ann. tit. 12, § 521

Products Liability

Discovery:

The cause of action shall be deemed to accrue as of the date of the discovery of the injury; Vt. Stat. Ann. tit. 12, § 512 (4)

Intentional Torts

3 Years

Municipal Liability/Sovereign Immunity

State liable for certain injuries to same extent as private individuals however, numerous monetary limits apply.

Discovery Rule

Standard rule applies in Vermont except see medical malpractice above.

Comparative Negligence

Applies unless plaintiff is more than 50% responsible.

Charitable Immunity

Abolished.

Disabilities

SOL runs after disability removed. Infant (18th birthday).

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
https://ago.vermont.gov/cap/consumer-complaint/
(802)828-3171

Statutes of Limitations

Covid-19 Tolling of Statutes of Limitations in Vermont