Town Liability for Neglecting Repairs

V.S.A. tit. 19, ch. 9, subch. 8

in effect

19 V.S.A. § 985 Injuries from defective bridges and culverts

985. Injuries from defective bridges and culverts (a) If damage occurs to a person, or his or her property, by reason of the insufficiency or want of repair of a bridge or culvert that the town is liable to keep in repair, the person sustaining damage may recover in a civil action. If the damage accrues in consequence of the insufficiency or want of repair of a bridge erected and maintained by two or more towns, the action shall be brought against all the towns liable for the repairs. The damage and costs shall be paid by the towns in the proportions in which they are liable for the repairs. The court may issue execution against any or all towns for their proportion only, provided that the liability to any town shall not exceed $75,000.00 or, where insurance is carried, the maximum policy liability limits, whichever sum is greater, on account of injury to or death of a person and damage to his or her property. (b) Towns and other corporations shall not be liable for damage to a person or his or her property by reason of the insufficiency or want of repair of a bridge or culvert while traveling on the highway or bridge in violation of the provisions of Title 23 regarding motor vehicle use. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 986 When one town is out of State

986. When one town is out of State When the damage mentioned in section 985 of this title accrues in consequence of the insufficiency or want of repair of a bridge built and maintained by two or more towns, one or more of which are out of this State, the action shall be brought against the town or towns within this State liable for repairs. The proportion of the damage with costs shall be paid by the town or towns in the proportion in which it or they are liable for the repairs. The court may issue execution as provided in section 985 of this title. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 987 Extent of liability; notice required

987. Extent of liability; notice required A person shall not recover against a town or other corporation for any damage sustained when crossing a bridge or culvert with a vehicle with a total gross weight exceeding the legal or posted weight limits. An action shall not be had or maintained in any court against a town for injuries received or damages sustained through the insufficiency of a bridge or culvert, unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more selectboard members of the town in which the bridge or culvert is situated, within 20 days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 988 Contents of notice

988. Contents of notice The notice shall contain a description of the injury received or damage sustained. If bodily injuries are claimed, the part of the body injured shall be stated, with the extent and effect of the injury upon the health of the person injured, but the provisions in relation to notice shall not apply to a person who in consequence is lacking mental capacity. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 991 Fine

991. Fine When a town, liable to keep in repair a highway or bridge, fails to do so, it may be indicted for this neglect by a grand jury of the county, and may be fined at the discretion of the court, whether any special damage has been sustained or not. The fine so assessed shall be spent in repairing the highway or bridge, under the direction of a commissioner appointed by the court. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 992 Notice before indictment

992. Notice before indictment A town shall not be indicted for not keeping in repair its highways and bridges unless a notice describing the highway or bridge complained of and describing in general terms its defects, signed by some person residing in the State, is delivered to one of the selectmen at least 12 days before the return date of the complaint to the court to which the complaint is made. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 993 Joint liability

993. Joint liability When towns, jointly liable, fail to keep a bridge in repair, they may be indicted by the grand jury of any county in which either of the towns is situated and may be fined at the discretion of the court. The fine and costs shall be paid by the several towns in the proportion in which they were assessed for the building of the bridge. In making the apportionment, the court may take into consideration what has already been paid by any town and issue execution against each for its proportion. The fine shall be spent in repairing the bridge under the direction of a commissioner appointed by the court. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 994 Notice of indictment; collection of fine

994. Notice of indictment; collection of fine When an indictment is presented to the Superior Court, as provided in this subchapter, the clerk shall issue a citation to the town indicted, and it shall be served as writs are by law required to be served against towns, at least 12 days before the date of trial. The execution issued for the fine and costs shall be levied and collected like executions in civil causes against towns. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 995 Description of highway

995. Description of highway It shall not be necessary to state in the indictments the exact length or width of the highway, but it shall be sufficient to describe it as a highway leading from some particular place to some other particular place. Added 1985, No. 269 (Adj. Sess.), § 1.

19 V.S.A. § 996 Highway construction, maintenance, and repair best management practices

996. Highway construction, maintenance, and repair best management practices (a) The Agency of Transportation shall work with municipal representatives to revise the Agency of Transportation’s Town Road and Bridge Standards in order to incorporate a suite of practical and cost-effective best management practices, as approved by the Agency of Natural Resources, for the construction, maintenance, and repair of all existing and future State and town highways. These best management practices shall address activities that have a potential for causing pollutants to enter the groundwater and waters of the State, including stormwater runoff and direct discharges to State waters. The best management practices shall not supersede any requirements for stormwater management already set forth in 10 V.S.A. §§ 1264 and 1264a that apply to State and town highways. (b) Beginning January 15, 2013, and every four years thereafter, the Secretary in consultation with municipal representatives and with approval from the Agency of Natural Resources shall review and revise, as appropriate, Town Road and Bridge Standards in order to ensure the standards are protective of water quality. Added 2009, No. 110 (Adj. Sess.), § 17, eff. May 18, 2010; amended 2021, No. 184 (Adj. Sess.), § 62, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/19/009Fetched: 10/21/2026