Vermont Statutes Title 12 Sec. 518
Terms Used In Vermont Statutes Title 12 Sec. 518
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
§ 518. Ionizing radiation injury; latent
(a) An action to recover for ionizing radiation injury or injury from other noxious agents medically recognized as having a prolonged latent development shall be commenced within three years after the person suffering the injury has knowledge or ought reasonably to have knowledge of having suffered the injury and of the cause thereof, but in no event more than 20 years from the date of the last occurrence to which the injury is attributed.
(b) An action or proceeding to recover for latent ionizing radiation injury, or injury from other noxious agents medically recognized as having a prolonged latent development shall not be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding was actually awarded damages for the latent injury, or knew or reasonably could be expected to know that such latent injury would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof. (Added 1967, No. 32, § 1, eff. March 16, 1967.)