Vermont · Comparative Negligence

Vermont Comparative Negligence Rule

Vermont follows a modified 51% bar rule under 12 V.S.A. § 1036. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Vermont

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Vermont

Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the causal total negligence of defendants.

Related: Vermont statute of limitations

Vermont gives you 3 years to file a personal injury lawsuit under 12 V.S.A. § 512.

See the full Vermont statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Vermont attorney before relying on it.

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Vermont Comparative Negligence FAQ

What comparative negligence rule does Vermont follow?

Vermont follows a modified 51% bar rule under 12 V.S.A. § 1036. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Vermont?

Yes, up to a point. In Vermont you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Vermont?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Vermont bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Vermont?

Vermont gives you 3 years to file a personal injury lawsuit under 12 V.S.A. § 512.

Where can I read the actual rule?

The controlling authority is 12 V.S.A. § 1036. The full text is available at https://legislature.vermont.gov/statutes/section/12/027/01036.

See comparative negligence rules for all 51 covered states

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