The Centers for Disease Control and Prevention has reported that every year, slip and fall accidents cause the hospitalization of over 1 million people aged 65 and older. In Vermont alone, unintentional falls are the leading factor in injury-related deaths. Additionally, they are the prime cause of hospitalizations and emergency visits related to physical harm.
The consequences of a slip and fall can be serious for many. On average, a hospital visit for a fall-related injury costs up to $30,000. These do not include the legal costs victims might face when filing a claim. This situation is particularly true for those whose injuries were caused by the negligence of property owners.
This article details Vermont’s slip and fall laws to guide those involved in such incidents. It also briefly explains the potential damages they can recover and the limitations that affect their claims.
In Vermont, a slip and fall occurs when someone falls after slipping or tripping. Such accidents lead to a wide range of injuries, from cuts and bruises to sprains and strains. In severe cases, some victims suffer more serious harm, such as head trauma, broken bones, and even paralysis.
Slips and falls count as premises liability cases in Vermont. This means that victims can file a personal injury claim against liable parties for compensation. Potential causes of slips and falls include:
Scattered trash or debris around a property.
Wet or broken floors.
Improperly maintained or placed fixtures.
Insufficient warning signs alerting visitors to potential hazards.
In most scenarios, the owner of the place where the accident occurred is deemed the liable party. This applies when they fail to address any hazards that can cause accidents. This can also apply if they fail to warn visitors of these dangers.
As such, landowners in Vermont must ensure the safety of visitors by addressing any hazards on their property and notifying visitors about them. Additionally, because Vermont is a snowy state, they must address their property's ice and snow buildup. This is part of what is called their “duty of care.”
Vermont defines a landowner’s duty of care as “non-delegable.” This means that under pure ownership, their duty to preserve visitors' well-being is absolute. An owner’s duty of care depends on whether a visitor is a licensee, an invitee, or a trespasser.
Licensees often involve social guests at parties or other similar events. They are defined as visitors who have the property owner’s consent but do not intend to conduct any business. Instead, they are visiting the property for their own benefit.
On the other hand, invitees visit a person’s property with a specific intent to do business. Often, this involves the purchase of goods or services. As such, customers in stores and establishments are classified as invitees.
Originally, landowners in Vermont owed invitees a relatively higher duty of care due to the economic benefit they provided. An owner was required to warn both licensees and invitees about potential dangers on the property. At the same time, they were expected to regularly inspect and maintain their properties for the sake of an invitee.
However, the Vermont Supreme Court changed this in 2014 following the case between Rodney Demag and Better Power Equipment, Inc. In this case, the court abolished the aforementioned distinction and ruled that both licensees and invitees must be owed an equal duty of care. This is to prevent the unfair treatment of victims’ claims in premises liability cases.
In contrast to licensees and invitees, trespassers are people who enter a property without the owner’s knowledge or consent. Because of this, they are generally not owed any duty of care. In Vermont, a landowner only owes a duty of care to a trespasser if they were aware of or were made reasonably aware of the latter’s presence.
Vermont also has a law governing individuals who enter a landowner’s property for “recreational uses” and “without consideration” when doing so. Examples of such uses include activities like hiking, camping, hunting, and boating. According to this law, a landowner owes these individuals the same duty of care they would afford to trespassers.
To determine fault in a slip and fall case in Vermont, victims must prove the five elements of negligence. These legal factors are also the basis for defendants' liability in other personal injury cases.
Premises liability incidents revolve around the property owner’s duty of care. If an owner fails to identify a hazard on their property, they will be held liable if someone gets injured because of it. This also applies if they were already aware of the hazard but did not address it properly.
The five elements of negligence are as follows:
The property owner owed the victim a reasonable duty of care.
The property owner failed to uphold that duty.
The victim suffered an injury.
The property owner’s breach of duty directly caused the victim’s injury.
If not for the property owner’s breach of duty, the victim’s injury would not have occurred.
Proving negligence can be done by utilizing relevant evidence. This can include eyewitness accounts and medical records that corroborate a victim’s injuries. Victims may use photos of their injuries and footage from security cameras. Slip and fall plaintiffs can work with an attorney to determine which evidence they can use.
If a landowner breaches their duty of care, it can be straightforward for licensees and invitees to prove their liability. However, as mentioned above, trespassers are not normally owed a duty of care. Similarly, a landowner will not be held liable for the injuries of individuals who enter their property for recreational purposes without consideration.
In spite of this, a landowner in Vermont cannot intentionally inflict harm on trespassers and recreational users. They also cannot engage in willful or wanton conduct directed toward them. This includes setting up traps around their property.
The total damages that can be awarded in a slip and fall case in Vermont vary from case to case. Potential factors that can affect a damage award include the extent of a victim’s injuries and the duration of their recovery. If a landowner’s negligence is significant, courts may also take it into account.
Damages in a slip and fall case may include both economic and non-economic losses. Examples of the former are medical costs and lost wages. Meanwhile, the latter can include damages related to pain and suffering. A slip and fall attorney can help victims calculate what they can recover.
There is generally no limit to recoverable economic and non-economic damages in a slip and fall case. However, this changes if the accident occurred on government property and the victim files a claim against the agency in charge. While the state can be held liable in such cases, there is a damage cap of $500,000 per person and $2 million per accident.
Slip and fall plaintiffs may also have their recoverable damages affected if they are partially liable for their own injuries. This can happen if they have committed negligent acts of their own, such as ignoring warning signs or wearing improper footwear indoors. When this occurs, Vermont’s modified comparative negligence rule will take effect.
Under this legal doctrine, a partially liable plaintiff will face a deduction from their damage award. This deduction will be equal to the percentage of their assigned fault. For example, a victim who is 25% at fault will only receive $150,000 from a damage award worth $200,000.
Plaintiffs should note that if their fault reaches or exceeds 51%, they can no longer recover any damages. A Vermont slip and fall lawyer can help clarify complex situations regarding the state’s negligence system.
Personal injury claims in Vermont are often covered by insurance, whether they are owned by the victim or the liable party. As such, slip and fall victims in the state can receive compensation from various types of insurance policies.
General liability insurance is a policy that helps businesses address damages and legal costs if they are involved in an injury-related matter. While it is not required in Vermont, business owners are still advised to have it.
The state's ideal amount of general liability insurance coverage depends on various factors. Owners should consider the number of employees they have and the type of business they run. Frequently, businesses are advised to have between $500,000 and $1 million in coverage.
Homeowners’ insurance also covers injury-related damages and legal fees, this time for residential property owners. Like general liability insurance, homeowners’ insurance is not required in the state. However, it can be part of a loan agreement for those who wish to finance their home.
Meanwhile, renters’ insurance can be used by tenants who are injured in a slip and fall accident at their rented property. The policy can cover the insurance holder's medical treatments. Though it is not mandatory to have renters’ insurance in Vermont, it can be required by some landlords.
Workers’ compensation insurance is a requirement for all employers in Vermont. It is used to pay for the medical care, lost wages, and disability benefits of injured employees. As such, a worker can be reimbursed for an injury caused by a slip and fall.
Note that compensation is only given for injuries that occur while an employee is working. Workers also cannot be compensated if they intentionally injured themselves or neglected to use a safety appliance that was provided for them.
In Vermont, the statute of limitations for slip and fall cases is three years. This starts counting down from the date of the injury or when it was reasonably discovered. If the victim died from the accident, their surviving dependents or representatives can file a wrongful death claim within two years. This deadline begins instead on the date when the victim died.
Vermont does “toll” or pause the statute of limitations if the victim involved is a minor or has a mental or psychiatric disability. The statute will only start or continue its countdown once the victim has turned 18 or recovered from their disability.
The Vermont Bar Association has a lawyer referral service that can connect people to attorneys within their area for potential legal representation. Users can pay a fee of $25 to consult with an attorney for 30 minutes. The website also has a Self-Help Resources section that redirects users to other sites for additional legal information and assistance.
The Fall Prevention Resource Guide helps Vermonters curb incidents involving slips and falls. The guide provides information on spotting and addressing potential risk factors in their homes. It also has the contact information of organizations that raise awareness of fall prevention throughout the state.
Falls Free Vermont is an organization that aims to prevent falls among citizens of all ages within the state. Users can visit its website for both resources and information regarding physical fitness and awareness programs that they can attend. The organization can be contacted via telephone at (802) 863-7596.
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