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Subchapter 002: ACTIONS LIMITED
§ 501. Recovery of lands
Except as otherwise provided in 32 V.S.A. § 5263, an action for the recovery of lands, or the possession thereof, shall not be maintained,
unless commenced within 15 years after the cause of action first accrues to the plaintiff
or those under whom he or she claims. (Amended, 1959, No. 218, § 6.)
§ 502. Entry into houses or lands
A person having right or title of entry into houses or lands shall not enter after
15 years from the time such right of entry accrues.
§ 503. Covenant of seisin
Actions brought on a covenant of seisin in a deed of conveyance of land shall be brought
within 15 years after the cause of actions accrues, and not after.
§ 504. Covenant of warranty
An action founded on covenant of warranty in a deed of land shall be brought only
within eight years after a final decision against the title of the covenantor in such
deed.
§ 505. Covenants other than warranty or seisin
An action founded on covenant, contained in a deed of lands, other than the covenants
of warranty and seisin, shall be brought within eight years after the cause of action
accrues, and not after.
§ 506. Judgments
Actions on judgments and actions for the renewal or revival of judgments shall be
brought by filing a new and independent action on the judgment within eight years
after the rendition of the judgment, and not after. (Amended 1971, No. 185 (Adj. Sess.), § 33, eff. March 29, 1972; 2009, No. 132 (Adj. Sess.), § 8, eff. May 29, 2010.)
§ 507. Specialties
Actions on specialties shall be brought within eight years after the cause of action
accrues, and not after.
§ 508. Witnessed promissory note
An action brought on a promissory note signed in the presence of an attesting witness
shall be commenced within 14 years after the cause of action accrues, and not after.
§ 509. Evidence of debt issued by a monied corporation
The provisions of this chapter shall not apply to an action brought to enforce payment
on any bills, notes, or other evidences of debt issued by a bank or other monied corporation
and put into circulation as money.
§ 510. Liability of stockholders and of foreign corporations
An action to enforce the liability of stockholders to the creditors or for the indebtedness
of foreign corporations shall be brought within the time limited by the laws of the
state under which they are incorporated, and not after. This section shall not be
construed so as to extend the time under which such actions may be maintained under
the laws of this State.
§ 511. Civil action
A civil action, except one brought upon the judgment or decree of a court of record
of the United States or of this or some other state, and except as otherwise provided,
shall be commenced within six years after the cause of action accrues and not thereafter. (Amended 1959, No. 261, § 3.)
§ 512. Assault and battery; false imprisonment; slander and libel; injuries to person or
property
Actions for the following causes shall be commenced within three years after the cause
of action accrues, and not after:
(1) assault and battery;
(2) false imprisonment;
(3) slander and libel;
(4) except as otherwise provided in this chapter, injuries to the person suffered by the
act or default of another person, provided that the cause of action shall be deemed
to accrue as of the date of the discovery of the injury;
(5) damage to personal property suffered by the act or default of another. (Amended 1967, No. 32, § 2, eff. March 16, 1967; 1975, No. 248 (Adj. Sess.), § 2.)
§ 513. Skiing, injuries sustained while participating in sport of
An action to recover for injuries sustained while participating in the sport of skiing
shall be commenced within one year after the cause of action accrues, and not after.
§ 514. Insufficiency of bridge
An action against a town for the recovery of damages caused by the insufficiency or
want of repair of a bridge or culvert shall be commenced within two years after the
cause of action accrues, and not after.
§ 515. Neglect of official duty of town clerk
An action against a town, or town clerk, to recover damages for neglect of duty of
such clerk in relation to a deed, execution, or other instrument delivered to him
or her or left at his or her office for record, shall be brought only within six years
after a final decision based upon such neglect and adverse to the right, title, or
claim of the party under such deed, execution, or instrument, and not after.
§ 516. Misfeasance of sheriff or deputy
Actions against sheriffs for the misconduct or negligence of their deputies shall
be commenced within four years after the cause of action accrues, and not after.
§ 517. Taxes paid under protest
An action to recover money paid under protest for taxes shall be commenced within
one year after the cause of action accrues, and not after.
§ 518. Ionizing radiation injury; latent
(a) An action to recover for ionizing radiation injury or injury from other noxious agents
medically recognized as having a prolonged latent development shall be commenced within
three years after the person suffering the injury has knowledge or ought reasonably
to have knowledge of having suffered the injury and of the cause thereof, but in no
event more than 20 years from the date of the last occurrence to which the injury
is attributed.
(b) An action or proceeding to recover for latent ionizing radiation injury, or injury
from other noxious agents medically recognized as having a prolonged latent development
shall not be barred by recovery in any earlier action or proceeding, unless the plaintiff
in the earlier action or proceeding was actually awarded damages for the latent injury,
or knew or reasonably could be expected to know that such latent injury would occur,
and its nature and extent with sufficient particularity to establish entitlement to
a specific amount of damages on account thereof. (Added 1967, No. 32, § 1, eff. March 16, 1967.)
§ 519. Emergency medical care
(a) A person who knows that another is exposed to grave physical harm shall, to the extent
that the same can be rendered without danger or peril to himself or herself or without
interference with important duties owed to others, give reasonable assistance to the
exposed person unless that assistance or care is being provided by others.
(b) A person who provides reasonable assistance in compliance with subsection (a) of this
section shall not be liable in civil damages unless his or her acts constitute gross
negligence or unless he or she will receive or expects to receive remuneration. Nothing
contained in this subsection shall alter existing law with respect to tort liability
of a practitioner of the healing arts for acts committed in the ordinary course of
his or her practice.
(c) A person who willfully violates subsection (a) of this section shall be fined not
more than $100.00. (1967, No. 309 (Adj. Sess.), §§ 2-4, eff. March 22, 1968.)
§ 520. Payment of wages
Actions brought on a violation of 21 V.S.A. § 342 shall be brought within two years after the cause of action accrues, and not after. (Added 1977, No. 244 (Adj. Sess.), § 1, eff. May 1, 1978.)
§ 521. Medical malpractice
Notwithstanding section 512 of this title, and except as provided in sections 518 and 551 of this title, actions to recover damages for injuries to the person arising out of any medical
or surgical treatment or operation shall be brought within three years of the date
of the incident or two years from the date the injury is or reasonably should have
been discovered, whichever occurs later, but not later than seven years from the date
of the incident. No statute of limitations shall limit the right to recover damages
for injuries to the person arising out of any medical or surgical treatment or operation
where fraudulent concealment has prevented the patient’s discovery of the negligence.
Where the action is based upon the discovery of a foreign object in the patient’s
body, which is not discovered within the period of limitation under this section,
the action may be commenced within two years of the date of the discovery of the foreign
object. (Added 1977, No. 248 (Adj. Sess.).)
§ 522. Actions based on childhood sexual or physical abuse
(a) A civil action brought by any person for recovery of damages for injury suffered as
a result of childhood sexual or physical abuse may be commenced at any time after
the act alleged to have caused the injury or condition. The victim need not establish
which act in a series of continuing physical abuse or sexual abuse or exploitation
incidents caused the injury.
(b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the
complaint shall immediately be sealed by the clerk of the court. The complaint shall
remain sealed until the answer is served or, if the defendant files a motion to dismiss
under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on
that motion. If the complaint is dismissed, the complaint and any related papers or
pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss
shall be in camera.
(c) As used in this section:
(1) “Childhood sexual abuse” means any act committed by the defendant against a complainant
who was under 18 years of age at the time of the act and which act would have constituted
a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious
conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed.
(2) “Childhood physical abuse” means any act other than an attempt committed by the defendant
against a complainant who was under 18 years of age at the time of the act and which
act would have constituted a violation of a statute prohibiting aggravated assault
in effect at the time the act was committed.
(d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior
to July 1, 2019, irrespective of any statute of limitations in effect at the time
the abuse occurred. In an action based on childhood sexual abuse that would have been
barred by any statute of limitations in effect on June 30, 2019, damages may be awarded
against an entity that employed, supervised, or had responsibility for the person
allegedly committing the sexual abuse only if there is a finding of gross negligence
on the part of the entity.
(e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred
prior to July 1, 2021, irrespective of any statute of limitations in effect at the
time the abuse occurred. In an action based on childhood physical abuse that would
have been barred by any statute of limitations in effect on June 30, 2021, damages
may be awarded against an entity that employed, supervised, or had responsibility
for the person allegedly committing the physical abuse only if there is a finding
of gross negligence on the part of the entity. (Added 1989, No. 292 (Adj. Sess.), § 2; amended 2019, No. 37, § 1; 2021, No. 26, § 1.)
§ 523. Trade secrets
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143 shall be
commenced within six years after the cause of action accrues, and not after. The cause
of action shall be deemed to accrue as of the date the misappropriation was discovered
or reasonably should have been discovered. (Added 1995, No. 90 (Adj. Sess.), § 2; amended 2013, No. 199 (Adj. Sess.), § 16.)
§ 524. Actions based on residential building energy standards
(a) Except in the case of fraud, an action under 30 V.S.A. § 51(g) shall be commenced within six years after the cause of action accrues, and not after.
(b) The cause of action shall be deemed to accrue as of the date of the recording of a
copy of the certificate in the town land records, the date of filing with the Department
of Public Service, or the date of occupancy, whichever comes first.
(c) This section shall apply only to actions under 30 V.S.A. § 51(g), and shall not be construed to affect other rights and remedies provided by statute
or common law. (Added 1997, No. 20, § 3.)
§ 525. Actions based on discrimination
An action under 9 V.S.A. § 4506(a) (discrimination in public accommodations or housing) or 21 V.S.A. § 495b (employment discrimination) shall be commenced within six years after the cause of
action accrues and not after. (Added 2021, No. 147 (Adj. Sess.), § 39, eff. May 31, 2022.)
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Subchapter 003: COMPUTATION OF TIME; TOLLING OF STATUTE
§ 551. Minority, incapacity, or imprisonment
(a) When a person entitled to bring an action specified in this chapter is a minor, lacks
capacity to protect his or her interests due to a mental condition or psychiatric
disability, or is imprisoned at the time the cause of action accrues, such person
may bring such action within the times in this chapter respectively limited, after
the disability is removed.
(b) If a person entitled to bring an action specified in this chapter becomes unable to
protect his or her interests due to a mental condition or psychiatric disability after
the cause of action accrues but before the statute has run, the time during which
the person is unable to protect his or her interests due to a mental condition or
psychiatric disability shall not be taken as a part of the time limited for the commencement
of the action. (Amended 1979, No. 112 (Adj. Sess.), § 1, eff. date, see note set out below; 2013, No. 96 (Adj. Sess.), § 45.)
§ 552. Absence from State
If a person is out of the State when a cause of action of a personal nature mentioned
in this chapter accrues against him or her, the action may be commenced within the
time limited therefor after such person comes into the State. If a person is absent
from and resides out of the State after a cause of action accrues against him or her
and before the statute has run, and he or she has not known property within the State
which can by common process of law be attached, the time of his or her absence shall
not be taken as a part of the time limited for the commencement of the action. The
provisions of this section shall not extend to a cause of action accruing in another
state or government, when the parties thereto at the time of the accruing of such
cause of action are residents of such other state or government.
§ 553. Member of Armed Services; tolling statute of limitations
When an inhabitant of this State is in the Military or Naval Service of the United
States or is a member of the Vermont National Guard and has been ordered to State
active duty and, at the time of entering such service or duty, had a cause of action
against another person, or another person had a cause of action against him or her,
the time spent in such Military or Naval Service outside this State or the time spent
in State active duty shall not be taken as part of the time limited for the bringing
of an action by or against him or her founded on such causes. The limitation period
for a cause of action shall be tolled during the duration of the person’s out-of-state
Military or Naval Service, or State Active Duty Service, plus an additional 60 days. (Amended 2011, No. 149 (Adj. Sess.), § 5a.)
§ 554. Alien enemies in time of war
When a person is disabled to prosecute an action by being a subject or citizen of
a country at war with the United States, the time of the continuance of such war shall
not be deemed part of the respective periods limited in this chapter for the commencement
of actions.
§ 555. Fraud
When a person entitled to bring a personal action is prevented from so doing by the
fraudulent concealment of the cause of such action by the person against whom it lies,
the period prior to the discovery of such cause of action shall be excluded in determining
the time limited for the commencement thereof.
§ 555a. Fraudulent transfers
Limitations of actions with respect to fraudulent transfers or obligations under 9
V.S.A. chapter 57, subchapter 1, shall be governed by the provisions of 9 V.S.A. § 2293. (Added 1995, No. 179 (Adj. Sess.), § 17.)
§ 556. Injunction staying action
When the commencement of an action is stayed by injunction, the time during which
such injunction is in force shall not be deemed a part of the time in this chapter
limited for the commencement of such action.
§ 557. Death of party
(a) If a person, by or against whom an action may be brought, dies before the expiration
of the time within which such action may be commenced as provided by this chapter
or dies within 30 days after the expiration of such times, the period of limitation
as to such action shall cease to operate at the date of his or her death. After the
issuance of letters testamentary or of administration, such action, if the cause of
action survives, may be commenced by or against the executor or administrator within
two years, and not after.
(b) If commissioners are appointed on such estate and the claim against the decedent is
a claim proper for the consideration of the commissioners, the same shall be presented
to the commissioners within the time allowed other creditors to present their claims.
Such claim may be presented to the commissioners any time within 15 years after the
date of such death, and not after, but such claim shall be presented in accordance
with the provisions of 14 V.S.A. chapter 65.
§ 558. New action after failure of original action
(a) The plaintiff may commence a new action for the same cause within one year after the
determination of the original action, when the original action has been commenced
within the time limited by any statute of this State, and the action has been determined
for any of the following reasons:
(1) where the action is dismissed for insufficiency of process caused by unavoidable accident
or by default or neglect of the officer to whom the process was committed;
(2) where the action is dismissed for lack of jurisdiction of the subject matter or person,
improper venue, or failure to join an indispensable party;
(3) where the action is defeated or avoided by the death of a party thereto;
(4) where judgment for the plaintiff is reversed on appeal on one of the grounds listed
in subdivisions (1) and (2) of this subsection.
(b) If the cause of action survives, the plaintiff’s executor or administrator may commence
the action within one year after the determination of the original action. If an executor
or administrator is not appointed within that time, then the new action may be commenced
within one year after letters testamentary or of administration are granted. (Amended 1971, No. 185 (Adj. Sess.), § 34, eff. March 29, 1972; 1973, No. 151 (Adj. Sess.), § 1, eff. date, see note set out below.)
§ 559. Rights not affected by a descent cast
The right of a person to the possession of real estate shall not be impaired or affected
by a descent being cast in consequence of the death of a person in possession of such
estate.
§ 560. Childhood sexual abuse
When a person entitled to bring an action for damages as a result of childhood sexual
abuse is unable to commence the action as a direct result of the damages caused by
the sexual abuse, the period during which the person is incapacitated shall not be
taken as a part of the time limited for commencement of the action. (Added 1989, No. 292 (Adj. Sess.), § 3.)