Del. C. » Title 10 — Limitation of Actions · CHAPTER 81. Personal Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8132 (2026)

Comparative negligence

✓ current as of May 2026
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In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff or the plaintiff’s legal representative where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

64 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1; 
Notes of Decisions
Cited in 17 cases (7 in the last 5 years), 1997–2025 · leading case: Erie Ins. Exch. v. Heffernan, 925 A.2d 636 (Md. 2007).
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Erie Ins. Exch. v. Heffernan, 925 A.2d 636 (Md. 2007). “See 10 Del. C. § 8132; Laws v. Webb, 658 A.2d 1000, 1005 (Del.”
Couch v. Red Roof Inns, Inc., 729 S.E.2d 378 (Ga. 2012). “, “all actions brought to recover damages for negligence” (10 Del. C. § 8132 (2012)), “caused by the negligence of another” ( S.”
Trievel v. Sabo, 714 A.2d 742 (Del. 1998). · cites it 3× “We consider whether, under Delaware’s comparative negligence statute, 10 Del.C. § 8132, it was proper for the trial judge to have granted the motion of Defendant/Below-Appellee, Frederick L.”
Paolella v. Browning-Ferris, Inc., 973 F. Supp. 508 (E.D. Pa. 1997). “10 Del.C. § 8132. The modern trend is to attenuate, rather than to obliterate, recovery.”
ING Bank v. Am. Reporting Co., 843 F. Supp. 2d 491 (D. Del. 2012). · cites it 2× “Contributory Negligence According to 10 Del. C. § 8132: In all actions brought to recover damages for negligence which results in death or injury to person or property, the fact that the plaintiff may have been contributorily negligent shall not bar a recovery by the plaintiff…”
O'Neal v. Allstate Ins. Co. (Del. Super. Ct. 2023). · cites it 3× “90 10 Del. C. § 8132. 17 entered and that when it turned green midway through, any vehicles in the eastbound lanes had a duty to yield the right of way to him.”
Northan v. Thomas (Del. Super. Ct. 2024). · cites it 2× “7 Contributory recklessness exists when a plaintiff, with no intent to cause harm, performs an act which is so unreasonable and dangerous that he either knows or should have known that there would be an "eminent likelihood of harm" that may result.”
Black v. Chromascape, Inc. (Del. Super. Ct. 2016). “Before the enactment of the current comparative negligence statute, if the trial court found any negligence whatsoever on the plaintiff’s part, it was “duty-bound to enter judgment as a matter of law.”
Hudson v. Boscov's Dep't Store, L.L.C. (Del. Super. Ct. 2017). “9 10 Del. C. § 8132. 4 Hudson v. Boscov’s Dept.”
Foreman v. Two Farms, Inc. (Del. Super. Ct. 2018). “25 See 10 Del. C. § 8132 (stating that “the fact that the plaintiff may have been contributorily negligent shall not bar recovery by the plaintiff…where such negligence was not greater than the negligence of the defendant…, but any damages awarded shall be diminished in…”
English v. Cole (Del. Super. Ct. 2018). “…mention proximate cause but did not appear to actually address it in their briefings, so neither will the Court. 16 10Del. C. § 8132.”
Torres v. Bishop (Del. Super. Ct. 2021). “14 See 10 Del. C. § 8132. 15 See Dan B. Dobbs, Robert E.”
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