Contributory Negligence in Delaware
State-specific overview · Tort Law
Delaware uses modified comparative negligence; you cannot recover if you are 50% or more at fault.
How Delaware treats Contributory Negligence
Delaware Code Title 10, § 8132 bars recovery when the plaintiff's negligence is equal to or greater than the defendant's negligence. If you are 50% at fault and the defendant is 50% at fault, you recover nothing. If you are 49% at fault, you recover 51% of damages. This 'not greater than' rule is stricter than pure comparative negligence states.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.