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Overview

Overview

Thomas P. Aicher has been engaged in trial practice in Vermont since 1991. He regularly represents clients in sports and recreational injury matters involving Vermont’s winter and summer resorts, including the defense of skiing and snowboarding claims. His experience also extends to injuries arising from the use or operation of snowmobiles, ATVs, golf carts, water parks and pools, as well as participation in tennis, equine activities, bicycling, and ziplining. In addition, Thomas handles product liability issues for manufacturers, including claims involving consumer products, recreational sports equipment, helmets, and industrial product failures.

Thomas has extensive experience defending businesses and recreational operators in a wide range of personal injury claims, including wrongful death and catastrophic injury losses such as head injury, and spinal cord injury.  He is frequently retained by insurance companies to defend both commercial and personal lines matters, ranging from slip and falls, automobile claims, directors’ and officers’ liability, mold exposure, construction defects, transportation accidents, personal injury, and property loss claims.

His defense practice also includes employment wrongful discharge and discrimination claims, as well as lawyers’ professional liability and malpractice.

In 2016, Thomas was appointed Special Counsel to the National Ski Areas Association, serving as national counsel to the ski industry on risk management issues and judicial trends. He is a frequent presenter on topics related to risk management and recreational liability and is the past president of the Association of Ski Defense Attorneys.

Mr. Aicher has carried the AV Preeminent Rating from the Martindale-Hubbell Peer Review Ratings Program since 2012 and maintains top ratings from Best Lawyers in New England and Super Lawyers.

Experience

Experience

Representative Experience

  • Successfully argued to trial court that a case involving a minor skier who sustained facial injuries and a concussion after colliding with a lift line post should not survive summary judgment under the Sports Injury Statute, due to the injury being both an obvious and necessary risk under the Vermont case law (Wright v. Mt. Manfield Lift, 96 F.Supp, 786, 1951; and Leopold v. Okemo, 420 F.Supp. 781, 1976).
  • Filed extensive brief leading to The Vermont Supreme Court’s 1994 ruling that most cases and questions of inherent risk of sport under the Vermont Sports Injury Statute should be jury questions. (162 Vt. 11, 641 A.2d 765) (1994)—a precedent that remains the controlling law in Vermont today.
  • Obtained favorable resolution for ski shop client in wrongful death action, alleging product defect in Bluetooth‑equipped ski helmet. Discovery uncovered evidence of decedent’s double life and undermined plaintiff’s claims, leading to nominal settlement. Pursued implied indemnity claim under the Uniform Commercial Code against co‑defendant manufacturers and successfully recovered much of the settlement payment and some attorneys’ fees.
  • Defended ski resort in a catastrophic injury case tried over thirteen days with twenty nine witnesses and seven experts. Plaintiff, a 21-year-old beginner skier rendered paraplegic after colliding with a snowmaking station, sought $97 million in damages. Jury deliberated several hours before returning a defense verdict.
  • Successfully defended a 10 day bench trial arising out of substantial stormwater runoff damage allegedly resulting from a dispute over the location and maintenance of a municipal stormwater system.

Honors

  • AV Preeminent Rating from Martindale-Hubbell, 2012-2025
  • Best Lawyers in New England, Top Tier Rating
  • Super Lawyers, Vermont Peer Rating, 2023-2025
  • Two-Year Recipient, Hon. Ernest W. Gibson Memorial Scholarship
    Lawrence University (B.A. – 1985)

Professional Affiliations

  • Special Counsel to National Ski Areas Association
  • Federation of Defense and Corporate Counsel
  • Rutland County Bar Association, Member
  • Vermont Bar Association, Member
  • American Bar Association, Member
  • Association of Ski Defense Attorneys, Member, and Past President
  • Defense Research Institute, Member
  • Northern New England Defense Counsel Association, Member
  • American Society of Testing and Materials, F-27 Committee on Snow Skiing, Member
  • Vermont Courts, Early Neutral Evaluator, and Mediator

Civic Activities

  • Alternate Commissioner, District 1 Act 250 Land Use Review Board, Rutland County
  • Past President, Vermont Alpine Racing Association
  • Past Director, Pico Ski Education Foundation

Credentials

Credentials

Admitted to Practice

  • Vermont
  • United States District Court, District of Vermont
  • United States Court of Appeals, Second Circuit
  • Unites States Supreme Court

Education

  • Lawrence University, B.A.
  • Syracuse University College of Law, J.D.

 

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