Act No. 90 Page 1 of 1
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 90 (S.278). An act relating to prohibiting a comparative negligence defense in an
action for a negligence claim relating to a sexual act or sexual conduct
Subjects: Court procedure; pleading and practice; comparative negligence
This act amends Vermont law with respect to negligence claims, the defenses that can
be used, and the apportionment of responsibility for the injury. The act provides that in
negligence cases in which the defendant breached a duty to the plaintiff and that breach
relates to a sexual act or sexual conduct, contributory and comparative negligence may
not be used as a defense to the claim. This means that a victim of sexual abuse cannot be
found responsible to any extent for the injuries that the victim sustained.
Effective Date: April 22, 2024
VT LEG #377373 v.2


Statutes affected:
As Introduced: 12-1036
As Passed By the Senate -- Official: 12-1036
As Passed By the Senate -- Unofficial: 12-1036
As Passed by Both House and Senate -- Official: 12-1036
As Passed by Both House and Senate -- Unofficial: 12-1036
As Enacted: 12-1036