Vermont's rule: barred only once your fault outweighs theirs
Under 12 V.S.A. § 1036, a plaintiff's negligence doesn't bar recovery as long as it "was not greater than the causal total negligence of the defendant or defendants" — the damages are simply diminished in proportion to the plaintiff's own fault. This is the more forgiving 51% bar: an exact 50-50 split still allows recovery.
Worked example
Someone with $100,000 in damages, found 50% at fault, recovers $50,000. That same person, found 51% at fault, recovers nothing at all.
A genuinely distinctive liability split
Here's something that sets Vermont apart. The same statute that divides damages when a plaintiff shares fault also divides liability among multiple defendants proportionally in that scenario — each defendant pays only their own share. But when the plaintiff bears no fault at all, ordinary joint and several liability generally continues to apply among the defendants. See our full guide to how fault and liability work together in Vermont for exactly how this split plays out.
No right of contribution among tortfeasors
Vermont does not afford joint tortfeasors a right of contribution from one another — a defendant who ends up paying more than their fair share generally cannot seek reimbursement from a co-defendant.