DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF VERMONT
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Vermont ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Vermont
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Vermont law.
I. VERMONT PRODUCTS LIABILITY LEGAL FRAMEWORK
A. Theories of Liability
Vermont recognizes multiple theories of recovery in products liability cases:
1. Strict Liability in Tort
Vermont adopted Section 402A of the Restatement (Second) of Torts in Zaleskie v. Joyce, 133 Vt. 150, 333 A.2d 110 (1975). A manufacturer or seller is strictly liable when a product is in a defective condition unreasonably dangerous to the user.
2. Negligence
A manufacturer has a duty to exercise reasonable care in the design, manufacture, testing, and warning of products. Vermont recognizes claims for negligent design, negligent manufacture, and negligent failure to warn. Messier v. Ass'n of Apartment Owners, 167 Vt. 183, 702 A.2d 1173 (1997).
3. Breach of Warranty
Vermont recognizes claims under the Uniform Commercial Code for breach of express warranty (9A V.S.A. Section 2-313), implied warranty of merchantability (Section 2-314), and implied warranty of fitness for a particular purpose (Section 2-315).
B. Statute of Limitations
Under 12 V.S.A. Section 512, the statute of limitations for personal injury claims, including products liability, is three (3) years from the date of injury. The discovery rule may apply where the injury or its cause was not reasonably discoverable. Earle v. State, 159 Vt. 540, 621 A.2d 1234 (1993).
C. Statute of Repose
Vermont does not have a statute of repose for products liability claims. Actions may be brought regardless of the age of the product, provided the statute of limitations is satisfied.
D. Design Defect Test
Vermont applies the consumer expectations test as the primary standard for design defects under Section 402A:
A product is defectively designed if it is "dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics." Zaleskie v. Joyce, 133 Vt. 150, 333 A.2d 110 (1975).
Vermont courts have also recognized risk-utility balancing as an alternative test, particularly in cases involving complex products where consumer expectations may not be clear. Choiniere v. VT Elec. Coop., Inc., 163 Vt. 59, 653 A.2d 761 (1994).
E. Comparative Fault
Vermont follows modified comparative fault under 12 V.S.A. Section 1036. A plaintiff's recovery is reduced by their percentage of fault. If the plaintiff is 50% or more at fault, recovery is completely barred.
F. Punitive Damages
Vermont allows punitive damages where the defendant's conduct is:
- Willful and wanton; or
- With malice; or
- With conscious disregard of the rights and safety of others
Clymer v. Webster, 156 Vt. 614, 596 A.2d 905 (1991).
No Statutory Cap: Vermont does not impose a statutory cap on punitive damages. Constitutional due process limits apply.
II. PRESERVATION OF EVIDENCE - CRITICAL NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- Design documents, specifications, and engineering drawings
- Manufacturing records and quality control documentation
- Testing data and safety assessments
- All versions of warnings, labels, and instructions
Complaints and Claims:
- Prior consumer complaints regarding this product
- Prior claims and lawsuits involving similar defects
- Regulatory correspondence and adverse event reports
Spoliation Warning: Vermont courts recognize adverse inference instructions and sanctions for spoliation of evidence. ANY DESTRUCTION OR ALTERATION OF EVIDENCE WILL RESULT IN SEVERE CONSEQUENCES.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
The following entities are potentially liable under Vermont products liability law:
| Entity | Role |
|---|---|
| [Manufacturer Name] | Manufacturer |
| [Component Supplier] | Component Manufacturer |
| [Distributor Name] | Distributor |
| [Retailer Name] | Retailer/Seller |
IV. THE DEFECT
A. Nature of Defect
[DESIGN DEFECT / MANUFACTURING DEFECT / FAILURE TO WARN - Select applicable]
[Detailed description of the defect, how it rendered the product unreasonably dangerous, and how it failed to meet consumer expectations]
B. Consumer Expectations Analysis
Under Vermont's consumer expectations test from Zaleskie v. Joyce, 133 Vt. 150, 333 A.2d 110 (1975):
- An ordinary consumer would not expect [describe the dangerous condition]
- The product was dangerous to an extent beyond that which an ordinary consumer would contemplate
- The defect made the product unreasonably dangerous for its intended use
V. THE INCIDENT AND INJURIES
A. How the Injury Occurred
On [Date], at approximately [Time], our client was [describe use of product] when [describe how the defect caused injury].
B. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Medical Treatment:
- [Treatment summary]
Permanent Effects:
- [Describe any permanent conditions]
VI. DAMAGES
A. Economic Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Total] |
B. Non-Economic Damages
Under Vermont law, our client is entitled to compensation for:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent impairment and disfigurement
C. Punitive Damages
[If applicable:]
Your company's conduct in [describe egregious conduct] demonstrates willful and wanton disregard for consumer safety, warranting punitive damages under Vermont common law.
D. Summary of Damages
| Category | Amount |
|---|---|
| Total Economic Damages | $[Amount] |
| Total Non-Economic Damages | $[Amount] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
VII. SETTLEMENT DEMAND
Based upon the clear liability of your company under Vermont law and the substantial damages our client has sustained, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for forty-five (45) days from the date of this letter, expiring on [Expiration Date].
If this matter cannot be resolved, we are prepared to file suit in the Superior Court for [County] County, Vermont, and pursue this matter through trial.
VIII. DOCUMENTATION ENCLOSED
☐ Medical records and bills
☐ Photographs of the defective product
☐ Photographs of injuries
☐ Employment and wage documentation
☐ Product documentation and warnings
☐ Expert reports (if available)
☐ [Other relevant documentation]
IX. CONCLUSION
This case involves a defective product that caused serious injuries to our client. The defect was present when the product left your company's control, and the injuries were entirely preventable.
We urge you to evaluate this claim seriously and respond with a reasonable settlement offer within the time allowed.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Vermont Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
[File]
VERMONT PRODUCTS LIABILITY PRACTICE NOTES
☐ Strict Liability Adopted: Vermont follows Section 402A of the Restatement (Second) of Torts per Zaleskie v. Joyce, 133 Vt. 150, 333 A.2d 110 (1975).
☐ Consumer Expectations Test: Primary standard for design defects, with risk-utility as an alternative.
☐ Modified Comparative Fault: 50% bar rule applies - plaintiff cannot recover if 50% or more at fault.
☐ No Statute of Repose: Vermont does not limit products liability claims based on product age.
☐ No Damage Caps: Vermont has no statutory caps on compensatory or punitive damages.
☐ Expert Testimony: Vermont follows Daubert principles for expert testimony under V.R.E. 702.
☐ Joint and Several Liability: Vermont retains joint and several liability, allowing recovery of entire damages from any responsible defendant.
☐ State Antitrust: Consider Vermont Consumer Protection Act claims (9 V.S.A. Section 2451) for deceptive practices.
This template is specific to Vermont law. Products liability law is complex and varies significantly by jurisdiction. This template must be customized for each case by a licensed Vermont attorney.