Delaware law
Premises Liability Laws in Delaware.
Delaware premises-liability law applies a reasonable-care framework to landowners and occupiers, still using invitee/licensee/trespasser classifications in many contexts. The 2-year personal-injury statute of limitations at 10 Del. C. § 8119 applies to most premises claims, and Delaware follows modified comparative fault with a 51% bar.
Last verified: 2026-04-17
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State law
Statute of Limitations
Premises-liability claims in Delaware must generally be filed within 2 years of the injury.
State law
Fault & Liability Rules
Delaware applies modified comparative fault: a plaintiff whose fault does not exceed the combined fault of the defendants can recover a reduced award, but a plaintiff who is more than 50% at fault is barred from recovery.
State law
Official Sources
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This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.
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