Comparative Negligence in Delaware
State-specific overview · Tort Law
Delaware applies pure comparative negligence; plaintiff recovers reduced damages regardless of fault percentage.
How Delaware treats Comparative Negligence
Delaware follows the pure comparative negligence standard, allowing plaintiffs to recover damages proportional to the defendant's fault even when the plaintiff is substantially negligent. A plaintiff who is 95% at fault may still recover 5% of damages from a defendant. Delaware courts apply this rule consistently across personal injury cases, with damages reduced by the plaintiff's percentage of comparative negligence.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.