Delaware Code
10 Del. C. § 8132 (2026)
Comparative negligence
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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).
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). “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). “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., No. N22C-03-226 MAA (Del. Super. Ct. July 21, 2023). “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, No. S23C-03-006 CAK (Del. Super. Ct. June 12, 2024). “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., No. S13C-04-018 RFS (Del. Super. Ct. Aug. 9, 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., No. K14C-01-007 RBY (Del. Super. Ct. Feb. 1, 2017). “9 10 Del. C. § 8132. 4 Hudson v. Boscov’s Dept.”
Foreman v. Two Farms, Inc., No. K17C-01-009 JJC (Del. Super. Ct. Aug. 16, 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, No. K16C-08-019 WLW (Del. Super. Ct. Aug. 24, 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, No. K18C-077-012 JJC (Del. Super. Ct. Dec. 21, 2021). “14 See 10 Del. C. § 8132. 15 See Dan B. Dobbs, Robert E.”
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