{"id":372425,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/delaware-law\/delaware-negligence-laws.html"},"modified":"2026-07-30T10:26:59","modified_gmt":"2026-07-30T15:26:59","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\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Featuring practical insights on medical malpractice cases from Michael Dalton<\/a>, a Delaware attorney with more than ten years of experience.<\/p>\n\n <\/div>\n \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\n\n

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Key Takeaways<\/h2>\n

In Delaware, personal injury claims<\/span> are governed by a modified <\/span>comparative negligence<\/span> rule<\/span>. This legal standard determines how financial responsibility is divided when multiple parties are at fault for an accident. Under this rule, you can recover damages<\/span> for your injuries as long as your share of the fault is not greater than the fault of the parties you are suing.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Car accidents, slip-and-fall accidents, and other personal injuries can be caused by the negligence of multiple parties. When more than one party is partly responsible for what happened, Delaware’s comparative negligence<\/span> rule determines how much each party is responsible to pay and whether the victim can recover anything.<\/p>\n

In this article, we\u2019ll explain how negligence works generally as well as Delaware\u2019s approach to comparative negligence<\/span>.<\/p>\n

If you have been injured in the state of Delaware and believe someone else is at fault for the injury, contact a Delaware personal injury attorney<\/span>.<\/a> They can help evaluate the situation, assist with settlement negotiations<\/span>, and determine how Delaware\u2019s negligence laws apply.<\/p>\n

How Negligence Works in Personal Injury Cases<\/h2>\n

Negligence is the legal theory behind most personal injury claims<\/span>. For example, the following typically fall under negligence law:<\/p>\n