Vermont Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the paper mills of Bellows Falls to the manufacturing plants of Burlington and the marble quarries throughout the Green Mountain State, Vermont's industrial heritage created significant asbestos exposure across the state. Our comprehensive database documents 130 asbestos exposure sites across 55 Vermont communities—from the International Paper Company facilities to the Vermont Marble Company operations, the University of Vermont buildings, and the power plants that supplied electricity throughout the region.

Vermont offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on economic or noneconomic damages, and provides modified comparative negligence that allows recovery if you're 50% or less at fault. Vermont has no statute of repose for product liability claims, which is crucial for long-latency diseases like mesothelioma.

Time is critical. Vermont's three-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Vermont's industrial legacy and its legal framework.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Vermont Asbestos Law Summary

Vermont Asbestos Law Details

Vermont asbestos lawsuits are governed by a three-year discovery-based statute of limitations and a strict liability product liability framework. The state follows a modified comparative fault rule with a 51% bar and has largely abolished joint and several liability, except in rare situations involving intentional conduct. Vermont places no cap on economic or noneconomic damages in asbestos cases, and punitive damages are available when the defendant’s behavior is intentional or malicious. Both wrongful death and survival actions are recognized, and expert testimony is governed by a flexible reliability standard under Vermont Rule of Evidence 702. Understanding these laws is critical for families affected by mesothelioma or other asbestos-related diseases.

Statutes of Limitation and Repose

Vermont applies a three-year statute of limitations for both personal injury and wrongful death claims (12 V.S.A. § 512(4)).

Discovery Rule: In asbestos-related cases, the statute does not begin to run until the plaintiff knows or reasonably should have known:

1. That they suffered an injury,

2. That the injury was caused by asbestos exposure, and

3. The identity of the party responsible (Lillicrap v. Martin, 591 A.2d 41 (Vt. 1989)).

Wrongful Death: Also governed by a three-year limitations period (14 V.S.A. § 1492), typically beginning on the date of death.

Minors/Disability: Statute may be tolled for minors and persons under legal disability (12 V.S.A. § 551).

Statute of Repose: Vermont does not have a statute of repose that applies to product liability or asbestos claims. This is critical for long-latency diseases like mesothelioma.

Eligibility to Sue

Anyone diagnosed with mesothelioma or another asbestos-related illness may bring a personal injury claim. Upon death, the personal representative may file a wrongful death claim on behalf of family members (14 V.S.A. § 1492), and a survival action to recover for harms suffered by the decedent before death (14 V.S.A. § 1453).

Workers’ Compensation Limitations

Vermont’s Workers’ Compensation Act generally bars lawsuits against employers for job-related injuries (21 V.S.A. § 622). However:

• Employees may sue third parties, such as manufacturers and property owners (21 V.S.A. § 624).

• If an employer fails to carry valid workers’ compensation insurance, the exclusivity protection may not apply.

• Subrogation rights may be asserted by compensation carriers for benefits paid.

Damages and Caps

Economic Damages: Fully recoverable. Includes medical expenses, lost income, and future care.

Noneconomic Damages: Vermont imposes no statutory caps on pain and suffering or emotional distress in product liability or asbestos cases.

Loss of Consortium: Recognized in personal injury and wrongful death claims.

Punitive Damages: Permitted when the defendant’s conduct is intentional, malicious, or shows reckless indifference (Flynn v. Reaves, 135 Vt. 491 (1977)). There is no statutory cap on punitive damages.

Comparative Fault and Joint Liability

Vermont follows a modified comparative fault system with a 51% bar (12 V.S.A. § 1036):

• A plaintiff may recover damages only if they are 50% or less at fault.

• If they are 51% or more at fault, they are barred from recovery.

• Awards are reduced in proportion to the plaintiff’s degree of fault.

Vermont has largely abolished joint and several liability in negligence cases (12 V.S.A. § 1036):

• Defendants are generally responsible only for their own share of fault.

• Exceptions may exist for intentional torts, or where fault is indivisible.

This can limit recovery when some defendants are bankrupt or immune from suit.

Collateral Source Rule

Vermont follows the traditional collateral source rule:

• Defendants cannot reduce their liability based on the plaintiff’s receipt of insurance, Medicare, or other third-party benefits (Hardwick v. Dratshko, 163 Vt. 174 (1995)).

• This rule helps ensure plaintiffs receive full compensation regardless of other coverage.

Standards of Proof and Causation

In asbestos litigation, plaintiffs must prove that:

• They were exposed to a product that contained asbestos,

• The exposure was frequent, regular, and proximate, and

• The exposure was a substantial factor in causing their disease.

This standard is based on Vermont product liability principles and national precedent.

Vermont applies a flexible reliability test for expert testimony under Vermont Rule of Evidence 702.

• The Vermont Supreme Court has not adopted Daubert, but trial courts still act as gatekeepers.

• Experts must be qualified, and their testimony must be helpful to the jury and based on sound reasoning (State v. Brooks, 162 Vt. 26 (1994)).

Medical causation testimony in asbestos cases typically comes from pulmonologists, pathologists, or occupational medicine experts.

Wrongful Death and Survival Actions

Wrongful Death: May be brought by the decedent’s personal representative. Damages may include loss of financial support, funeral expenses, and loss of companionship (14 V.S.A. § 1492).

Survival Actions: The estate may recover for pain and suffering, medical expenses, and lost earnings prior to death (14 V.S.A. § 1453).

Punitive damages may be awarded in either claim where supported by the facts.

How Vermont’s Laws Work in Practice

Meet Harold, a 74-year-old retired paper mill worker from Barre. From the 1960s through the early 1990s, Harold repaired steam pipes, turbines, and other equipment insulated with asbestos-containing materials. In April 2024, he was diagnosed with pleural mesothelioma, a deadly cancer strongly linked to asbestos exposure.

Because Vermont follows the discovery rule, Harold’s three-year statute of limitations didn’t begin decades ago when he was exposed. It began in April 2024, when he was diagnosed and learned that his condition was likely caused by asbestos. He has until April 2027 to file a personal injury lawsuit (12 V.S.A. § 512(4); Lillicrap v. Martin, 591 A.2d 41).

If Harold were to pass away before filing suit, his family could still pursue compensation through both a wrongful death claim and a survival action. The wrongful death claim would allow Harold’s spouse and children to recover for the loss of his support, companionship, and funeral expenses (14 V.S.A. § 1492). The survival action would allow the estate to recover for the pain, suffering, and medical bills Harold incurred before death (14 V.S.A. § 1453).

Vermont applies a modified comparative fault rule. If Harold is found 51% or more at fault, he cannot recover any damages. But if his share of fault is 50% or less, he can still recover—though his award will be reduced proportionally (12 V.S.A. § 1036).

In multi-defendant cases, Vermont has abolished joint and several liability in negligence actions. That means each defendant is generally only responsible for their own share of fault. If one of the companies that exposed Harold to asbestos is now bankrupt, the others won’t have to pay its portion of the damages unless exceptional circumstances apply (e.g., intentional conduct).

Harold’s legal team may seek full economic damages, including lost income and medical costs, along with noneconomic damages like pain and suffering. Vermont law places no cap on either type of compensation. If there’s evidence that a manufacturer knowingly endangered workers, Harold may also pursue punitive damages—which are available when the defendant acted intentionally, maliciously, or with reckless indifference (Flynn v. Reaves, 135 Vt. 491 (1977)).

To win his case, Harold’s attorneys will need to present expert testimony showing that specific asbestos products contributed to his disease. Vermont courts use a flexible approach under Rule 702, requiring that experts be qualified and that their testimony be reliable and helpful, even though the state has not adopted Daubert (State v. Brooks, 162 Vt. 26).

This is a hypothetical example based on real Vermont laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Vermont law may apply to your situation.

Why Choose Our Firm to Handle Your Family's Vermont Mesothelioma Case?

Our proprietary database contains detailed records of 130 asbestos exposure sites across 55 Vermont communities—from Burlington's manufacturing facilities to the paper mills of Bellows Falls and the marble operations throughout the state. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Vermont family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Vermont Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Vermont family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Vermont database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Burlington's General Electric plant to the paper mills throughout Vermont and the marble quarries that made the state famous.

For example, if you worked at facilities where our database shows GAF products were installed, we can file your GAF trust claim immediately. While other firms would spend months investigating whether GAF products were present at your workplace, we've already done that detective work. We can potentially recover $155,000 to $450,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Vermont's favorable court system. Our database strengthens your case with documented evidence and court precedents from Vermont worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Burlington's manufacturing plants and the paper mills throughout the state.

Our database contains detailed records from Vermont's unique industrial sites, including testimony about which defendants' products were used in paper manufacturing, textile production, and marble processing. This gives us crucial evidence about product failures and safety violations specific to Vermont's manufacturing and industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Vermont's history means many residents have potential VA claims from service or work on defense projects throughout New England.

Our military records are especially valuable for veterans who served at installations throughout New England or worked on defense projects, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Vermont Mesothelioma Case?

Whether you were exposed to asbestos at International Paper Company, Vermont Marble Company, General Electric's Burlington plant, or any of Vermont's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Vermont:

• Three-year filing deadline from discovery under Vermont's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on economic or noneconomic damages in Vermont

• No statute of repose for product liability claims—crucial for long-latency diseases

What We'll Do for Your Vermont Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Vermont exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Vermont's liability rules to maximize recovery from responsible defendants

• Expert navigation of workers' compensation issues and premises liability claims recognized in Vermont

Get started today. Our Vermont mesothelioma team understands the industrial legacy of the Green Mountain State and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS