The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-722)
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§ 2—722. Who can sue third parties for injury to goods
Where a third party so deals with goods which have been identified to a contract for
sale as to cause actionable injury to a party to that contract:
(a) a right of action against the third party is in either party to the contract for sale
who has title to or a security interest or a special property or an insurable interest
in the goods; and if the goods have been destroyed or converted a right of action
is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other;
(b) if at the time of the injury the party plaintiff did not bear the risk of loss as
against the other party to the contract for sale and there is no arrangement between
them for disposition of the recovery, his or her suit or settlement is, subject to
his or her own interest, as a fiduciary for the other party to the contract;
(c) either party may with the consent of the other sue for the benefit of whom it may
concern.