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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 12 : Court Procedure

Chapter 023 : LIMITATION OF TIME FOR COMMENCEMENT OF ACTIONS

Subchapter 002 : ACTIONS LIMITED

(Cite as: 12 V.S.A. § 518)
  • § 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.)