Vt. Stat. Ann. » Title 12 Chapter 189
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5601 (2026)

✓ current as of May 2026
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(Cite as: 12 V.S.A. § 5601)
Notes of Decisions
Cited in 111 cases (25 in the last 5 years), 1972–2026 · leading case: Kennery v. State of Vermont, Valcourt, LaBombard & Other Members of the Dept. of Pub. Saf., 2011 VT 121 (Vt. 2011).
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Kennery v. State of Vermont, Valcourt, LaBombard & Other Members of the Dept. of Pub. Saf., 2011 VT 121 (Vt. 2011). · cites it 16× “To address this question, we must examine the Vermont Tort Claims Act (VTCA), 12 V.S.A. § 5601 et seq., the vehicle by which the Legislature has adopted a limited waiver of sovereign immunity.”
Lane v. State, 811 A.2d 190 (Vt. 2002). · cites it 9× “§ 5601(a), the State has waived its immunity and has consented to be sued for injury to persons caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment. Despite this general waiver, the Tort Claims Act has…”
Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997). · cites it 10× “5(b): "Whether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601?" Because of the Legislature's approval of the…”
Searles v. Agency of Transp., 762 A.2d 812 (Vt. 2000). · cites it 8× “Under 12 VS.A. § 5601(a), the State of Vermont has waived its immunity to lawsuits to the extent a private analog exists.”
Kirk Wool v. Lisa Menard, Comm'r, Vermont Dep't of Corr., 185 A.3d 577 (Vt. 2018). · cites it 3× “The State has waived its immunity for certain tort claims under 12 V.S.A. § 5601. Section 5601 provides that the State can be held liable for injury to persons or property caused by the negligent or wrongful act or omission of a State employee while acting in the scope of his or…”
Denis Bail Bonds, Inc. v. State, 622 A.2d 495 (Vt. 1993). · cites it 4× “12 V.S.A. § 5601(a). Even if subject to liability under this provision, the state still may be immune to suit under several exceptions, notably those in subsection (e).”
Rochon v. State, 2004 VT 77 (Vt. 2004). · cites it 6× “See 12 V.S.A. § 5601(a) (imposing liability for "negligent [acts] .”
LaShay v. Dep't of Soc. & Rehab. Servs., 625 A.2d 224 (Vt. 1993). · cites it 4× “The State of Vermont has waived its immunity to certain suits under 12 V.S.A. § 5601. Curran, 152 Vt. at 249 , 565 A.”
Earle v. State, 2006 VT 92 (Vt. 2006). · cites it 6× “By the Vermont Tort Claims Act, 12 V.S.A. § 5601, the State has waived its immunity for injury to persons caused by the negligent act or omission of a state employee while acting within the scope of employment, subject to certain delineated exceptions.”
Powers v. Off. of Child Support, 795 A.2d 1259 (Vt. 2002). · cites it 2× “The State *396 of Vermont has waived its immunity to certain suits under 12 V.S.A. § 5601(a). The statute reads in pertinent part: The state of Vermont shall be liable for injury to persons ____caused by the negligent or wrongful act or omission of an employee of the state while…”
McMurphy v. State, 757 A.2d 1043 (Vt. 2000). · cites it 4× “Under 12 V.S.A. § 5601, the Tort Claims Act, Vermont has expressly waived immunity from certain lawsuits: “The state of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the state while…”
Kathleen Vanderbloom v. State of Vermont, Agency of Transp., 2015 VT 103 (Vt. 2015). · cites it 6× “2d 1043, 1046 (2000) (“Whereas [12 V.S.A. § 5601](e)(8) shelters the State from liability for all of its deliberate design decisions, allowing it to design highways in the manner that it sees fit, the statute preserves liability in circumstances where the State has…”
Show all 111 citing cases →
— Vt. Stat. Ann. tit. 12, § 5601(a) — 51 cases
Kennery v. State of Vermont, Valcourt, LaBombard & Other Members of the Dept. of Pub. Saf., 2011 VT 121 (Vt. 2011). “To address this question, we must examine the Vermont Tort Claims Act (VTCA), 12 V.S.A. § 5601 et seq., the vehicle by which the Legislature has adopted a limited waiver of sovereign immunity.”
Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997). “5(b): "Whether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601?" Because of the Legislature's approval of the…”
Powers v. Off. of Child Support, 795 A.2d 1259 (Vt. 2002). “The State *396 of Vermont has waived its immunity to certain suits under 12 V.S.A. § 5601(a). The statute reads in pertinent part: The state of Vermont shall be liable for injury to persons ____caused by the negligent or wrongful act or omission of an employee of the state while…”
Mellin v. Flood Brook Union Sch. Dist., 790 A.2d 408 (Vt. 2001).
Kirk Wool v. Lisa Menard, Comm'r, Vermont Dep't of Corr., 185 A.3d 577 (Vt. 2018). “The State has waived its immunity for certain tort claims under 12 V.S.A. § 5601. Section 5601 provides that the State can be held liable for injury to persons or property caused by the negligent or wrongful act or omission of a State employee while acting in the scope of his or…”
— Vt. Stat. Ann. tit. 12, § 5601(b) — 3 cases
Hillerby v. Town of Colchester, 706 A.2d 446 (Vt. 1997). “5(b): "Whether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601?" Because of the Legislature's approval of the…”
Hall v. State, 2012 VT 43 (Vt. 2012).
Blair v. Frank W. Whitcomb Constr. Corp. (Vt. Super. Ct. 2005).
— Vt. Stat. Ann. tit. 12, § 5601(e) — 8 cases
Lane v. State, 811 A.2d 190 (Vt. 2002). “§ 5601(a), the State has waived its immunity and has consented to be sued for injury to persons caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment. Despite this general waiver, the Tort Claims Act has…”
Searles v. Agency of Transp., 762 A.2d 812 (Vt. 2000). “Under 12 VS.A. § 5601(a), the State of Vermont has waived its immunity to lawsuits to the extent a private analog exists.”
Est. of Gage v. State, 2005 VT 78 (Vt. 2005).
Antony Sutton v. Vermont Reg'l Ctr., 2019 VT 71 (Vt. 2020).
Sutton v. State of Vermont (Vt. Super. Ct. 2018).
— Vt. Stat. Ann. tit. 12, § 5601(e)(1) — 27 cases
Kennery v. State of Vermont, Valcourt, LaBombard & Other Members of the Dept. of Pub. Saf., 2011 VT 121 (Vt. 2011). “To address this question, we must examine the Vermont Tort Claims Act (VTCA), 12 V.S.A. § 5601 et seq., the vehicle by which the Legislature has adopted a limited waiver of sovereign immunity.”
Lane v. State, 811 A.2d 190 (Vt. 2002). “§ 5601(a), the State has waived its immunity and has consented to be sued for injury to persons caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment. Despite this general waiver, the Tort Claims Act has…”
Rochon v. State, 2004 VT 77 (Vt. 2004). “See 12 V.S.A. § 5601(a) (imposing liability for "negligent [acts] .”
Searles v. Agency of Transp., 762 A.2d 812 (Vt. 2000). “Under 12 VS.A. § 5601(a), the State of Vermont has waived its immunity to lawsuits to the extent a private analog exists.”
Tina Stocker v. State of Vermont, 2021 VT 71 (Vt. 2021).
— Vt. Stat. Ann. tit. 12, § 5601(e)(4) — 1 case
Bandler v. Town of Woodstock (D. Vt. 2019).
— Vt. Stat. Ann. tit. 12, § 5601(e)(6) — 10 cases
Doe v. Doe, 768 A.2d 1291 (Vt. 2001).
LaShay v. Dep't of Soc. & Rehab. Servs., 625 A.2d 224 (Vt. 1993). “The State of Vermont has waived its immunity to certain suits under 12 V.S.A. § 5601. Curran, 152 Vt. at 249 , 565 A.”
Lashay v. Dept. of Soc. & Rehab. Serv., 625 A.2d 224 (Vt. 1993).
Katherine Heffernan v. State, 187 A.3d 1149 (Vt. 2018).
Anthony Sutton v. Vermont Reg'l Ctr., 2019 VT 71 (Vt. 2019).
— Vt. Stat. Ann. tit. 12, § 5601(e)(8) — 7 cases
Lane v. State, 811 A.2d 190 (Vt. 2002). “§ 5601(a), the State has waived its immunity and has consented to be sued for injury to persons caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment. Despite this general waiver, the Tort Claims Act has…”
Searles v. Agency of Transp., 762 A.2d 812 (Vt. 2000). “Under 12 VS.A. § 5601(a), the State of Vermont has waived its immunity to lawsuits to the extent a private analog exists.”
Kathleen Vanderbloom v. State of Vermont, Agency of Transp., 2015 VT 103 (Vt. 2015). “2d 1043, 1046 (2000) (“Whereas [12 V.S.A. § 5601](e)(8) shelters the State from liability for all of its deliberate design decisions, allowing it to design highways in the manner that it sees fit, the statute preserves liability in circumstances where the State has…”
McMurphy v. State, 757 A.2d 1043 (Vt. 2000). “Under 12 V.S.A. § 5601, the Tort Claims Act, Vermont has expressly waived immunity from certain lawsuits: “The state of Vermont shall be liable for injury to persons or property or loss of life caused by the negligent or wrongful act or omission of an employee of the state while…”
Nesti v. Vermont Agency of Transp. (Vt. Super. Ct. 2019).
— Vt. Stat. Ann. tit. 12, § 5601(f) — 6 cases
Denis Bail Bonds, Inc. v. State, 622 A.2d 495 (Vt. 1993). “12 V.S.A. § 5601(a). Even if subject to liability under this provision, the state still may be immune to suit under several exceptions, notably those in subsection (e).”
Sabia v. State, 669 A.2d 1187 (Vt. 1995).
Lane v. State, 811 A.2d 190 (Vt. 2002). “§ 5601(a), the State has waived its immunity and has consented to be sued for injury to persons caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment. Despite this general waiver, the Tort Claims Act has…”
LaShay v. Dep't of Soc. & Rehab. Servs., 625 A.2d 224 (Vt. 1993). “The State of Vermont has waived its immunity to certain suits under 12 V.S.A. § 5601. Curran, 152 Vt. at 249 , 565 A.”
Lashay v. Dept. of Soc. & Rehab. Serv., 625 A.2d 224 (Vt. 1993).
— Vt. Stat. Ann. tit. 12, § 5601(g) — 16 cases
Thompson v. Pallito, 949 F. Supp. 2d 558 (D. Vt. 2013).
Shine v. Hofman, 548 F. Supp. 2d 112 (D. Vt. 2008).
Richards v. State's Attorneys Off., 40 F. Supp. 2d 534 (D. Vt. 1999).
Many v. Vermont Dep't of Corr. (D. Vt. 2019).
Rodriguez v. Touchette (D. Vt. 2020).
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