Comparative Negligence in Vermont
State-specific overview · Tort Law
Vermont applies pure comparative negligence, allowing recovery proportional to defendant's fault regardless of plaintiff's negligence level.
How Vermont treats Comparative Negligence
Vermont permits plaintiffs to recover damages reduced by their own percentage of fault, with no bar based on comparative negligence percentages. A plaintiff 90% at fault can still recover 10% of damages from a defendant. This pure comparative negligence rule applies broadly across negligence claims and reflects Vermont's approach to fairness in apportioning liability.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Vermont.