{"id":372425,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-negligence-laws.html"},"modified":"2023-01-06T11:38:27","modified_gmt":"2023-01-06T16:38:27","slug":"delaware-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-negligence-laws.html","title":{"rendered":"Delaware Negligence Laws"},"content":{"rendered":"\n
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Delaware Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Let’s say you were the passenger in a car that tried to beat a red light through an intersection in Wilmington, but a driver turning left across your lane tried the same thing and collided with the car you were riding in. Who is at fault for your injuries, and do you have a legal claim based on negligence? How do negligence cases work, and what laws does the First State have regarding who is responsible for your injuries?<\/p>\r\n

This is a brief summary of negligence laws in Delaware.<\/p>\r\n

General Negligence Law<\/h2>\r\n

Negligence, as a legal matter, tries to determine whether a person has a duty of care to another and whether they failed in fulfilling that duty. If so, they may be liable for any resulting injuries reasonably related to that person’s negligence. Taking the above example, if Patty is driving you to work and she collides with Paul’s car turning left, she might be held liable for negligence. In Delaware, Paul may also be liable under a rule known as "modified contributory negligence."<\/p>\r\n

Therefore you could file a negligence claim against both Paul and Connie jointly, or one or the other separately. Since Delaware follows the modified contributory negligence law, the claimant could file a lawsuit and recover so long as they were not more negligent than the tortfeasor(s).<\/p>\r\n

Negligence Laws in Delaware<\/h2>\r\n

State negligence laws<\/a> can vary depending on their particular civil justice system. Negligence laws in Delaware are highlighted in the chart below.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

Tit. 10 \u00a78132 of the Delaware Code<\/a><\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/th>\r\n

The claimant’s contributory negligence does not bar recovery if such negligence is not greater than the defendant(s) negligence. But any awarded damages are diminished in proportion to the claimant’s attributed negligence (Tit. 10 \u00a78132)<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

–<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes; Tit. 10 \u00a7\u00a76301 to 6308<\/a> (but only if the tortfeasor has paid more than their share or has paid the entirety of the judgment)<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

Yes; Tit. 10 \u00a7\u00a76301 to 6308<\/a><\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Negligence Cases<\/p>\r\n

In order to have a successful claim, there are several elements of a negligence case<\/a> you must prove in court:<\/p>\r\n