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Legal Memorandum: Negligence Claim in VT

Issue: What is necessary to prove negligence under Vermont law?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Negligence theory of liability; Elements
Jurisdiction: Vermont
Cited Cases: 177 Vt. 575; 742 A.2d 1237; 738 A.2d 86
Cited Statutes: None
Date: 02/01/2012

To support a negligence theory of liability, the plaintiff must establish at least four elements:  (1) defendant owed plaintiff a duty; (2) defendant breached that duty; (3) that plaintiff suffered injury; and (4) the injury was proximately caused by defendant’s breach of duty.  Keegan v. Lemieux Sec. Servs., Inc., 177 Vt. 575, 861 A.2d 1135, 1137 (2004); Knight v. Rover, 170 Vt. 96, 742 A.2d 1237, 1242 (1999); Haverly v. Kaytec, Inc., 169 Vt. 350, 738 A.2d 86, 91 (1999).

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