Vermont Premises Liability Lawyer

What must a property owner do to keep visitors safe in Vermont?

Vermont property owners generally must use reasonable care to keep their property safe for lawful visitors, fix hazards they know about or should discover, and warn of dangers that are not obvious.

The reason for your visit can still matter. A shopper, restaurant guest or paying lodge guest is owed regular inspection and repair. A social guest may be owed less, mainly warnings about known dangers. Trespassers are owed much less, although children may be protected from hazards that attract them. Whatever the category, you generally must show that the owner created the hazard or knew or should have known about it.

Can you recover after slipping on ice in Vermont?

Often, yes. Owners must take reasonable steps to clear snow and ice once it is practical, and they can be responsible for icy patches caused by poor drainage, roof runoff or refreezing.

Vermont winters bring long stretches of freeze and thaw. Snow melts off roofs, runs across walkways and refreezes overnight. Owners who know this happens and fail to salt, sand or fix drainage may be responsible. Useful evidence includes weather records, snow removal logs, contracts with plowing companies and photos of the exact spot where you fell. If a contractor was hired to handle snow, that company may share responsibility.

How does Vermont's fault rule affect a fall claim?

Vermont reduces your recovery by your share of fault and bars it if you are more than 50 percent at fault. Owners often argue that ice is expected in Vermont and that you should have been more careful.

A guest at an inn in Woodstock slips on black ice on an unsalted walkway beneath a dripping gutter. Her damages are 75,000 dollars. The inn argues she wore the wrong boots.

• If the jury assigns her 20 percent fault, she recovers 60,000 dollars.
• If the jury assigns her 51 percent, she recovers nothing.

Evidence that the gutter had leaked onto the walkway for weeks, and that staff knew, keeps the focus on the inn's failure to act.

Are ski resorts and outdoor businesses responsible for injuries?

Sometimes. Vermont law recognizes that skiers accept the inherent risks of the sport, but a resort can still be responsible for negligence beyond those ordinary dangers, and its lodges, parking lots and walkways must be reasonably safe.

Falls on natural terrain and changing snow conditions are usually treated as inherent risks. A malfunctioning lift, a hazard created by resort operations and left unmarked, or an icy lodge stairway can raise different questions. Waivers on lift tickets and rental forms must be reviewed carefully. Summer brings injuries at campgrounds, swimming areas, orchards, farm stands and maple sugarhouses, where owners must also keep grounds reasonably safe.

Do different rules apply on public land and recreation property?

Yes. Vermont has a recreational use law that limits the liability of landowners who open their land to the public for free recreation, and claims against towns and the state involve immunity rules and special procedures.

Vermont's tradition of open land for hiking, hunting and snowmobiling makes the recreational use law important. It generally does not protect owners who charge a fee or act willfully. Falls on town sidewalks, in schools or at state facilities should be reviewed quickly. Our government and public property injury claims page covers those steps.

What should you do after a property injury in Vermont?

Document the hazard before it changes, report it and get medical care. Ice can melt or be sanded within hours, so photos taken right away are often the best evidence.

1. Photograph the hazard, the area around it and any missing salt, sand or signs.
2. Report the injury and request a copy of the incident report.
3. Write down names of employees and witnesses.
4. Ask the owner in writing to preserve any video.
5. Keep your footwear and clothing.

For a broader view, see our premises liability page. If a dog or farm animal caused your injury, see our dog bites and animal attacks page. If you were hurt by a car in a parking lot, our Vermont car accident page may fit better, and our Vermont injury law hub covers broader state rules. We offer a free case review and no fee unless we win.