Contributory Negligence in Vermont
State-specific overview · Tort Law
Vermont uses pure comparative negligence, allowing recovery proportional to defendant's fault regardless of plaintiff's percentage.
How Vermont treats Contributory Negligence
Vermont permits plaintiffs to recover damages reduced by their own negligence percentage, even if they bear the majority of fault. A plaintiff who is 80% at fault can still recover 20% of their damages from the defendant. This pure comparative negligence rule applies across negligence actions and reflects Vermont's policy of allowing juries to apportion fault fairly among all parties involved in an accident.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.