Negligence in Delaware
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Delaware fact pattern
Negligence in delaware.
Statute of limitations
2 years
10 Del. C. § 8119
Two years from when the injuries were sustained.
- A public entity under the County and Municipal Tort Claims Act has its own notice. Confirm that chapter before treating a city crash as a private two-year file.