Vermont Comparative Negligence Calculator (51% Bar)

Vermont bars recovery only once your fault outweighs the defendants' combined — and whether a defendant pays their own share or the whole judgment depends on whether you share any fault at all.

12 V.S.A. § 1036 FigureMyTax Editorial Team Free · no sign-up

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Vermont, exactly where you land relative to 50% and 51% changes everything.

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You can still recover
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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.

Vermont comparative negligence — frequently asked questions

Does Vermont use a 50% or 51% bar for comparative negligence?

A 51% bar. Under 12 V.S.A. section 1036, a plaintiff recovers as long as their negligence is not greater than the combined negligence of the defendants — an exact 50-50 split still allows recovery.

What happens if I'm found 51% at fault in Vermont?

You recover nothing. Vermont bars recovery entirely once the plaintiff's own negligence exceeds the combined negligence of the defendants.

Does Vermont use joint and several liability or several-only liability?

Both, depending on the plaintiff's own fault. When the plaintiff shares some fault, each defendant generally pays only their own proportional share. When the plaintiff bears no fault at all, ordinary joint and several liability generally still applies among the defendants.

Can a liable defendant seek contribution from a co-defendant in Vermont?

No. Vermont does not afford joint tortfeasors a right of contribution from one another.

Is Vermont's comparative negligence framework set out in a single short statute?

Yes. 12 V.S.A. section 1036, first added in 1969 and amended in 1980, establishes both the 51% recovery bar and the proportional liability rule among multiple defendants.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Vermont statute (12 V.S.A. § 1036) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Vermont attorney before acting.