Delaware law

Premises Liability Laws in Delaware.

Delaware premises-liability law applies a reasonable-care framework to landowners and occupiers, still using invitee/licensee/trespasser classifications in many contexts. The 2-year personal-injury statute of limitations at 10 Del. C. § 8119 applies to most premises claims, and Delaware follows modified comparative fault with a 51% bar.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years10 Del. C. § 8119

Premises-liability claims in Delaware must generally be filed within 2 years of the injury.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)10 Del. C. § 8132

Delaware applies modified comparative fault: a plaintiff whose fault does not exceed the combined fault of the defendants can recover a reduced award, but a plaintiff who is more than 50% at fault is barred from recovery.

State law

Official Sources

Delaware Code Online Delaware Courts

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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Premises Liability Laws in Delaware.

Statute of Limitations

Fault & Liability Rules

Official Sources

Not Legal Advice

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