Vermont

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (VERMONT)

Personal Injury - 3 yrs. [12 V.S.A. § 512]

Wrongful Death - 2 yrs. [14 V.S.A. § 1492]

Med Mal - 3 yrs. from incident or 2 yrs. from discovery of injury, whichever occurs later, but not later than 7 yrs. from the date of the incident [12 V.S.A. § 521]

Personal Property Damage - 3 yrs. [12 V.S.A. § 512]

Real Property Damage - 6 yrs. [12 V.S.A. § 511]

Contracts (Oral and Written) - 6 yrs [12 V.S.A. § 511]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [9A V.S.A. § 2-725]

 

Plaintiff does not need to have an airtight case before the limitations period begins to run; fleshing out the facts will occur during investigation of the matter or during discovery after the lawsuit is filed. Limitations period begins to run when the plaintiff has or should have discovered both the injury and the fact that it may have been caused by the defendant's negligence or other breach of duty. [Rodrigue v. VALCO Enterprises, Inc., 726 A.2d 61 (Vt. 1999)]

 

 

 

Statutes of Repose (VERMONT)

None

 

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (VERMONT)

State is only liable for up to $2,000.  May file suit in Small Claims Court within 18 mos. (cannot be filed until the claimant has exhausted any duly adopted administrative grievance procedure of the state agency/department) [32 V.S.A. § 932]

 

 

 

Comparative Negligence (VERMONT)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [12 V.S.A. § 1036]

 

 

 

Made Whole Doctrine (MWD) (VERMONT)

Not recognized.

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (VERMONT)

Recognized/applied.  Owners of motor home could not recover, in strict product liability action, purely economic losses resulting from its defective wiring system and related problems [Paquette v. Deere and Co., 719 A.2d 410 (Vt. 1998)].  ELD is not limited to products liability cases; negligence law does not generally recognize a duty to exercise reasonable care to avoid economic loss [Springfield Hydroelectric Co. v. Copp, 779 A.2d 67 (Vt. 2001)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (VERMONT)

Certificate of merit is required in Med Mal actions.  In the certificate of merit, Plaintiff must certify that he has consulted with a qualified health care provider [12 V.S.A. § 1042]

 

 

 

Landlord/Tenant Subrogation (VERMONT)

Case-by-case approach, “Sutton Rule” rejected.  However, when the lease requires Landlord to carry fire insurance on leased premises, such insurance is for mutual benefit of Landlord and Tenant, and, as a result, Tenant is deemed coinsured under the policy Landlord’s insurance policy and is protected against subrogation claims by Landlord’s insurer [Union Mut. Fire Ins. Co. v. Joerg, 824 A.2d 586 (Vt. 2003)]

 

 

 

Reimbursement of Deductible(s) (VERMONT)

No law available

 

 

 

MedPay and PIP (VERMONT)

Med Pay - Subrogation allowed.  PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (VERMONT)

$5,000 for willful or malicious acts [15 V.S.A. § 901]

 

 

 

Joint Liability (VERMONT)

Several liability when Plaintiff is also at fault [12 V.S.A. § 1036 (1980); Levine v. Wyeth, 944 A.2d 179 (Vt. 2006)]

 

 

 

Independent Cause of Action for Evidence Spoliation (VERMONT)

No addressed/recognized.

 

 

 

Conflicts of Law (VERMONT)

Torts and Contracts - Vermont will apply laws of the state with the most significant relationship to the occurrence and the parties [Amiot v. Ames, 693 A.2d 675 (Vt. 1997)].