10 Del. C. § 4012

Exceptions to immunity

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A governmental entity shall be exposed to liability for its negligent acts or omissions causing property damage, bodily injury or death in the following instances:

(1) In its ownership, maintenance or use of any motor vehicle, special mobile equipment, trailer, aircraft or other machinery or equipment, whether mobile or stationary.

(2) In the construction, operation or maintenance of any public building or the appurtenances thereto, except as to historic sites or buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation.

(3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water.

62 Del. Laws, c. 124, § 2;

Notes of Decisions

Cited in 27 cases (15 in the last 5 years), 1985–2026 · leading case: McCaffrey v. City of Wilmington

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McCaffrey v. City of Wilmington (2016) del · cites it 3× “20 10 Del. C. § 4012. 21 McCaffrey III. 22 Id.”

Robinson v. Clemons (1998) ded · cites it 2× “Further, the exceptions that apply to governmental entities, delineated in 10 Del.Code Ann. § 4012, are inapplicable to the case at bar.”

Artesian Water Co. v. Government of New Castle County (1985) ded “10 Del.C. § 4012(3) (1984) (emphasis added).”

Fidance v. City of Wilmington (2017) delsuperct · cites it 6× “(b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from: (6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway,…”

Garvin v. The City of Wilmington (2019) del · cites it 3× “July 8, 1993) (“Second, none of the exceptions of 10 Del. C. § 4012 apply to plaintiffs’ claim.”

Back v. New Castle County (2021) delsuperct · cites it 3× “Plaintiff fails to meet her burden to establish that a 10 Del. C. § 4012 exception applies in this case.”

Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company (2025) delsuperct · cites it 3× “1989) (held there was no allegation that the harm occurred “because any of the assorted items of rescue equipment were defective when used in his rescue,” so no exception in 10 Del. C. § 4012 applied). 32 Montgomery-Foraker v.”

Bowman v. State of Delaware (2018) delsuperct · cites it 2× “Bowman argues that sovereign immunity has been waived because discovery is inconclusive on whether Defendants had insured against the type of incident that occurred, and also because the State Tort Claims Act is inapplicable, pursuant to 10 Del. C. § 4012, when a governmental…”

Betson v. State of Delaware (2021) delsuperct · cites it 2× “”41 10 Del. C. § 4012 provides exceptions to immunity when the government causes property damage or bodily injury in: (1) its ownership, maintenance, or use of motor vehicles, trailers, aircrafts, or other machinery; (2) the construction, operation, or maintenance of public…”

Smith v. State of Delaware (2021) delsuperct · cites it 2× “Smith’s assertion, 10 Del. C. § 4012 of the State Tort Claims Act creates several limited exceptions to local government immunity.”

Rishell v. Hartly Volunteer Fire Company (2024) delsuperct · cites it 2× “13 10 Del. C. § 4012. 3 waiver of immunity applies under section 4012 is reserved for immunity under section 4011(b).”

Show all 27 citing cases →

— 10 Del. C. § 4012(1) — 3 cases

Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company (2025) delsuperct “1989) (held there was no allegation that the harm occurred “because any of the assorted items of rescue equipment were defective when used in his rescue,” so no exception in 10 Del. C. § 4012 applied). 32 Montgomery-Foraker v.”

DeFelice v. Cummings (2016) delsuperct

Amoako v. Clayton Police Department (2024) delsuperct

— 10 Del. C. § 4012(2) — 8 cases

Fidance v. City of Wilmington (2017) delsuperct “(b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from: (6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway,…”

Garvin v. The City of Wilmington (2019) del “July 8, 1993) (“Second, none of the exceptions of 10 Del. C. § 4012 apply to plaintiffs’ claim.”

Lewandowski v. City of Wilmington (2017) delsuperct

Smith v. State of Delaware (2021) delsuperct “Smith’s assertion, 10 Del. C. § 4012 of the State Tort Claims Act creates several limited exceptions to local government immunity.”

Back v. New Castle County (2021) delsuperct “Plaintiff fails to meet her burden to establish that a 10 Del. C. § 4012 exception applies in this case.”

— 10 Del. C. § 4012(3) — 1 case

Artesian Water Co. v. Government of New Castle County (1985) ded “10 Del.C. § 4012(3) (1984) (emphasis added).”

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