Delaware · Comparative Negligence

Delaware Comparative Negligence Rule

Delaware follows a modified 51% bar rule under 10 Del. Code § 8132. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Delaware

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Delaware

Modified comparative negligence with a 51% bar; recovery is allowed when the plaintiff’s negligence is "not greater than" the defendant’s or combined defendants’.

Related: Delaware statute of limitations

Delaware gives you 2 years to file a personal injury lawsuit under 10 Del. Code § 8119.

See the full Delaware statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Delaware attorney before relying on it.

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Delaware Comparative Negligence FAQ

What comparative negligence rule does Delaware follow?

Delaware follows a modified 51% bar rule under 10 Del. Code § 8132. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Delaware?

Yes, up to a point. In Delaware you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Delaware?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Delaware bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Delaware?

Delaware gives you 2 years to file a personal injury lawsuit under 10 Del. Code § 8119.

Where can I read the actual rule?

The controlling authority is 10 Del. Code § 8132. The full text is available at https://law.justia.com/codes/delaware/title-10/chapter-81/section-8132/.

See comparative negligence rules for all 51 covered states

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