Delaware

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (DELAWARE)

Personal Injury - 2 yrs. [10 Del.C. § 8119]

Wrongful Death - 2 yrs. [10 Del.C. § 8107]

Med Mal - 2 yrs. from date of injury (3 yrs. if the occurrence was unknown during the 2-yr. period) [18 Del.C. § 6856]

Personal Property - 2 yrs. [10 Del.C. § 8107]

Real Property - 3 yrs. [10 Del.C. § 8106]

Contracts (Written and Oral) - 3 yrs. [10 Del.C. § 8106]

Subro for PIP Benefits - 3 yrs. (from the date final PIP payment was made) [Nationwide General Ins. Co. v. Hertz Corp., 2006 WL 2673057 (Del. Super. 2006)]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [6 Del.C. § 2-725]

 

Usually no “discovery rule.”  A cause of action in tort accrues at the time the tort is committed [Boerger v. Heiman, 965 A.2d 671 (Del. 2009)]

 

 

Statutes of Repose (DELAWARE)

Products - None.

Construction of Real Property - 6 yrs. [10 Del.C. 8127].

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (DELAWARE)

All Gov. Entities are immune with respect to many types of claims [10 Del.C. §§ 4001; 4003]

Against City of Wilmington - Notice within 1 yr. [10 Del.C. § 8124]

Any political subdivision may enact a notice requirement so long as said notice requirement does not bar suit if notice is given within 1 yr. [10 Del.C. § 4013]

Comparative Negligence (DELAWARE)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [10 Del.C. § 8132]

Made Whole Doctrine (MWD) (DELAWARE)

No law available.

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (DELAWARE)

ELD is recognized/applied in cases involving products damaging itself [Danforth v. Acorn Structures, Inc., 608 A.2d 119 (Del. 1992)] and breach of construction subcontractor contracts [J.W. Walker & Sons, Inc. v. Construction Management Service, Inc., 2008 WL 1891385 (Del. Super. 2008) - unpublished opinion]. 

 

However, ELD does not preclude negligence actions in cases involving construction of certain residential dwellings [Builders and Managers, Inc. v. Dryvit Systems, Inc., 2004 WL 304357 (Del. Super. 2004) - unpublished opinion].  In addition, ELD does not apply to negligent misrepresentation cases [Guardian Const. Co. Tetra Tech Richardson, Inc., 583 A.2d 1378 (De. Super. 1990)].

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (DELAWARE)

With respect to Med Mal actions, no lawsuit can be filed unless the complaint is accompanied by an affidavit of merit as to each Defendant signed by an expert witness and accompanied by a current curriculum vitae of the witness, stating that there are reasonable grounds to believe that there has been healthcare negligence committed by each Defendant [18 Del.C. § 6853]

 

 

Landlord/Tenant Subrogation (DELAWARE)

No subrogation allowed (“Sutton Rule” applies) [Lexington Ins. Co. v. Raboin, 712 A.2d 1011 (Del. Super. 1998)]

Reimbursement of Deductible(s) (DELAWARE)

No law available.

MedPay and PIP (DELAWARE)

MedPay - No subrogation allowed and/or no such coverage available.  PIP - Recovery allowed (by way of arbitration against Tortfeasor’s carrier) [21 Del.C. § 2118].

Liability of Parents (DELAWARE)

$10,000 for intentional or reckless destruction of property [10 Del.C. § 3922].  Negligence of a minor driver is imputed to the person who signed minor’s license application [21 Del.C. § 6104].  Every vehicle owner who causes/permits a minor to drive such vehicle is jointly and severally liable with the minor [21 Del.C. § 6105]. 

 

 

 

Joint Liability (DELAWARE)

Joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [10 Del.C. § 6301]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (DELAWARE)

Separate causes of action for negligent and intentional spoliation of evidence would not be recognized, given existence of adequate criminal remedy [Lucas v. Christiana Skating Center, Ltd., 722 A.2d 1247 (Del. Super. 1998)]

Conflicts of Law (DELAWARE)

Delaware will apply the law of the state with the most significant relationship to the occurrence/parties [Travelers Indem. Co. v. Lake, 594 A.2d 38 (Del. 1991)]