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Vermont Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

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Vermont gives you three years to sue for a burn caused by someone else, and the clock runs from the date the injury is discovered. You can still recover if you share some of the blame, as long as your negligence was not greater than the total negligence of those you sue. A claim against the State has its own dollar limits. Get medical care, then keep the evidence and note the date.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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What to do after a burn in Vermont

Get medical care first. The one Vermont hospital in the American Burn Association’s directory is in Burlington, and it is listed but not ABA-verified; the verified centers in this page’s data are in New York. Ask the treating hospital whether it will transfer you.

Burn depth matters. A first-degree burn affects only the outer layer of skin, while a third-degree burn damages the skin to its full depth along with the tissue beneath it (NIH/NIGMS).

For the claim, a short checklist:

  • Dated photos of the burn and the scene.
  • The product or item that caused it, kept as is.
  • Names of witnesses and a copy of any incident report.
  • A written request that video be saved.
  • No recorded statement to an insurer until you have advice.

The Vermont Division of Fire Safety publishes an annual State Fire Marshal report with statewide incident data (2025 Fire Marshal report).

The deadline to file in Vermont

Personal injury claims must be filed within three years, and the statute says the cause of action accrues “as of the date of the discovery of the injury” (12 V.S.A. § 512(4)). The section was last amended in 1975. To be safe, count the three years from the day of the burn.

Burns from medical care follow 12 V.S.A. § 521: three years from the incident or two years from when the injury is or reasonably should have been discovered, whichever is later, and never more than seven years from the incident (§ 521). Fraudulent concealment pauses that clock, and a foreign object left in the body gives two years from discovery.

For claims against the State, the Vermont Tort Claims Act contains no pre-suit notice-of-claim step. Suit is filed in Superior Court, and the Attorney General is the agent for service (12 V.S.A. § 5601). Rules for towns and cities were not checked for this page, except that suits against towns over bridges and culverts have two years (12 V.S.A. § 514).

How fault works in Vermont

Vermont uses modified comparative negligence with a 51% bar. Your negligence does not bar recovery “if the negligence was not greater than the causal total negligence of the defendant or defendants” (12 V.S.A. § 1036(a)). Put another way, you are barred only if you were more than 50% at fault.

Imagine a visitor at a sugarhouse scalded by boiling sap when a fitting on the evaporator gives way. The owner argues she stood too close. If a jury finds her 40% at fault, she recovers 60% of her damages. At an even 50-50 split she still recovers half. At 51% or more, she recovers nothing.

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Damages and caps in Vermont

The one damages limit confirmed for this page applies to the State. Under 12 V.S.A. § 5601, the State’s maximum liability is $500,000 to any one person and $2,000,000 to all persons for each occurrence (§ 5601).

DefendantLimitSource
State of Vermont, per person$500,00012 V.S.A. § 5601
State of Vermont, all persons per occurrence$2,000,00012 V.S.A. § 5601

This page does not describe Vermont’s rules on punitive damages or on any limit in medical malpractice cases, because those points were not confirmed from an official source here. A Vermont lawyer can tell you whether either applies to your burn.

Burns at work in Vermont

Workers’ comp is the employee’s exclusive remedy against the employer, except as provided in § 618(b) and § 624 (21 V.S.A. § 622). The statute has no express exception for intentional injury.

Section 624 is where outside parties come in. Picture a line cook burned when a new fryer’s thermostat fails. The cook can take comp and also sue the fryer maker. If the worker does not sue within one year, the employer or its carrier may sue in the worker’s name. Before suit, 30 days’ notice by registered mail goes to the Commissioner and others. Any recovery, after expenses, first repays the employer or carrier for comp paid, and the rest counts as an advance on future comp (21 V.S.A. § 624).

Burn centers in Vermont

The ABA directory lists one Vermont hospital, and it is not ABA-verified. Vermont has no ABA-verified burn center, and the directory shows none in New Hampshire. The verified centers listed for neighboring New York appear below with the Vermont listing.

CenterCityAddressPhonePatients
University of Vermont Medical Center, listed by the ABA (not verified)Burlington, VT111 Colchester Ave, Burlington, VT 05401(802) 847-3790Adult & Pediatric
Burn Center at Westchester Medical Center, ABA-verifiedValhalla, NY100 Woods Rd, Burn Center, Macy Pavilion, Valhalla, NY 10595(914) 493-8680Adult & Pediatric
Clark Burn Center, ABA-verifiedSyracuse, NY750 E Adams St, Syracuse, NY 13210(315) 464-1800Adult & Pediatric
Kessler Burn Center, ABA-verifiedRochester, NY601 Elmwood Ave # 661, Rochester, NY 14642(585) 275-2876Adult & Pediatric
William Randolph Hearst Burn Center, ABA-verifiedNew York, NY525 E 68th St, New York, NY 10065(212) 746-0328Adult & Pediatric

Source: American Burn Association, Find a Burn Center, directory checked November 2026.

Who may be liable for a burn

Look past the obvious defendant. A property owner may have let wiring or a woodstove chimney go unrepaired. A contractor on your employer’s job site may have caused a fire. A company that made a heater, battery or pressure cooker may have sold a defect. Utilities and propane dealers can be at fault for leaks, and restaurants for drinks served scalding hot.

How Beverly Law helps in Vermont

Beverly Law is a California firm. Its attorneys are licensed in California and Washington. To help people burned in Vermont, it works through a referral network of Vermont-licensed attorneys. A free case review is how that starts, connecting you with a burn injury attorney licensed in Vermont, usually within one business day.

This page is general information about Vermont law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Vermont can tell you how they apply to your case.

Common questions

When does the Vermont deadline start?

The three-year limit in 12 V.S.A. § 512(4) runs from the date the injury is discovered. To be safe, count from the day of the burn. Medical burns follow § 521, with a seven-year outside limit from the incident.

Can I recover if I was partly at fault?

Yes, if your negligence was not greater than the total negligence of the defendants. You can recover at 50% fault, with the award reduced by your share. At more than 50%, recovery is barred under 12 V.S.A. § 1036(a).

Can I sue the State of Vermont for a burn?

Yes. The Tort Claims Act has no pre-suit notice step. You file in Superior Court, with the Attorney General as agent for service. The State’s liability is capped at $500,000 per person and $2,000,000 per occurrence under 12 V.S.A. § 5601.

Does the Vermont Bar offer referrals?

Yes. The Vermont Bar Association’s Lawyer Referral Service provides referrals at no cost to you. You can reach the service at 1-800-639-7036 or through its website (Vermont Bar Association), which explains how the service works.

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BEVERLY LAW · BURN INJURY ATTORNEYS

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Related pages

Burn Injury Lawyer

Sources

  1. legislature.vermont.gov/statutes/section/12/023/00512
  2. legislature.vermont.gov/statutes/section/12/023/00521
  3. legislature.vermont.gov/statutes/section/12/189/05601
  4. legislature.vermont.gov/statutes/section/12/023/00514
  5. legislature.vermont.gov/statutes/section/12/027/01036
  6. legislature.vermont.gov/statutes/section/21/009/00622
  7. legislature.vermont.gov/statutes/section/21/009/00624
  8. firesafety.vermont.gov/sites/firesafety/files/2025%20Fire%20Marshal%20Report/2025%
  9. vtbar.org/find-a-lawyer/
  10. ameriburn.org/burn-care-team/resources/burn-centers/university-of-vermont
  11. ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-westch
  12. ameriburn.org/burn-care-team/resources/burn-centers/clark-burn-center-syr
  13. ameriburn.org/burn-care-team/resources/burn-centers/kessler-burn-center-r
  14. ameriburn.org/burn-care-team/resources/burn-centers/william-randolph-hear
  15. ameriburn.org/burn-care-team/resources/find-a-burn-center
  16. webarchive.library.unt.edu/web/20130219001112/http://www.nigms.nih.gov/Publications/Fa

Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.

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