Delaware Code

10 Del. C. § 3722 (2026)

Liability notwithstanding death

✓ current as of May 2026

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(a) An action may be maintained against a person whose wrongful act causes the death of another.

(b) If the death of a person was caused by a wrongful act, neglect or default of a vessel, an action in rem may be maintained against the vessel.

(c) If a person whose wrongful act caused the death of another dies before an action under this section is commenced, the action may be maintained against a personal representative.

63 Del. Laws, c. 256, § 4; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 95, § 1;

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1985–2024 · leading case: Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985).

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Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985). “In this case, both parties agree that the case is controlled by Delaware law.”

Wilson Ex Rel. Est. of Wilson v. Taylor, 597 F. Supp. 2d 451 (D. Del. 2009). “” 10 Del. C. § 3722. Viewing the facts in the light most favorable to plaintiff, a genuine issue of material fact exists as to whether or not defendants’ conduct was a proximate cause of Wilson’s death.”

Walton, Sr. v. Cole (Del. Super. Ct. 2022). · cites it 2× “, pursuant to 10 Del. C. §§ 3722 and 3724.4 Bryant, in his capacity as the personal representative for the estate of Richard Gregory Chittick, pursuant to 10 Del.”

Carber v. Manor Care (D. Del. 2024). “” 10 Del C. § 3722(a). Thus, wrongful death actions in Delaware utilize traditional principles of causation.”

— 10 Del. C. § 3722(a) — 2 cases

Johnson v. Physicians Anesthesia Serv., Pa, 621 F. Supp. 908 (D. Del. 1985). “In this case, both parties agree that the case is controlled by Delaware law.”

Carber v. Manor Care (D. Del. 2024). “” 10 Del C. § 3722(a). Thus, wrongful death actions in Delaware utilize traditional principles of causation.”

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