Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 1076 (2026)

✓ current as of May 2026

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Subchapter 003 : PLEADINGS; PARTIES AND CAUSES OF ACTION

(Cite as: 12 V.S.A. § 1076)

§ 1076. Release of claim for personal injury or death—disavowal of agreement

An agreement entered into by a person or his or her legal representative within 15 days after personal injury to him or her or his or her death or personal injury or death of his or her spouse or child, which may adversely affect his or her estate’s right to compensation for the personal injury or death, may be disavowed by such person or his or her legal representative within three years after making the agreement. When such an agreement has been disavowed, it may not be used in whole or in part in any subsequent proceeding. (1961, No. 269, § 1, eff. Aug. 1, 1961.)

Notes of Decisions

Cited in 3 cases, 1979–2004 · leading case: Maglin v. Tschannerl, 800 A.2d 486 (Vt. 2002).

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Maglin v. Tschannerl, 800 A.2d 486 (Vt. 2002). · cites it 6× “Plaintiff claims that the release should be voided because 1) the release violates the legislative remedy for rush releases, 12 V.S.A. § 1076; 2) there was a mutual mistake of fact concerning her injury; and 3) it is unconscionable to enforce the release.”

Traylor v. Wachter, 598 P.2d 1061 (Kan. Ct. App. 1979). “Vt. Stat. Ann. tit. 12, § 1076 [disavow within three years]; Idaho Code § 29-113 [disavow within one year].”

Crockett v. Waller-Smith, 63 Va. Cir. 562 (Roanoke County Cir. Ct. 2004). “& Jud. Proc. § 5-401.1 ; Mass. Gen. Laws ch.”

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