Delaware’s Comparative Negligence Rule

Delaware’s Comparative Negligence Rule is an important one to consider when dealing with personal injury claims in Delaware. In general, the rule states that if a plaintiff was injured due to their own negligence, and that negligence played some role in causing their injury, then the defendant can reduce their liability by the amount of the plaintiff’s negligence.

This approach has important implications for personal injury cases in Delaware as it helps to balance the responsibilities between both parties and helps to ensure that the amount of liability is properly assigned based on both parties’ degree of fault. This form of negligence creates a situation in which both parties are held responsible for the injuries sustained, with neither party liable for more than their own negligence.

The Delaware Supreme Court has interpreted the rule to mean that a “defendant shall have the right to present evidence of the plaintiff’s contributory negligence,” and that “the plaintiff’s liability shall be diminished in amount in proportion to the negligence attributable to the plaintiff.” In other words, a plaintiff’s liability is reduced by the amount of their own negligence, regardless of how much more negligence the defendant may have also contributed.

For instance, if a plaintiff is found to be 25% responsible for their own injury, then their damages would be reduced by 25%. While this law may be more beneficial to the defendant, it has the benefit of preventing an individual from being held liable for injuries that are mostly caused by the other party’s negligence.

The Delaware Supreme Court also noted that the comparative negligence rule “would not interfere with the principle of full compensation for the plaintiff…so long as the damages are reasonably related to the actual amount of loss.” This means that the amount of damages awarded to the plaintiff will still be based on the full extent of their injuries, although it will be reduced by the amount of their own contributory negligence.

This concept of comparative negligence has been adopted in other states, although there are variations in how it is applied. For example, some states apply a pure comparative negligence rule, in which any degree of negligence attributed to the plaintiff will reduce their compensation accordingly. There are also states that apply a modified comparative negligence rule, in which a plaintiff’s negligence is taken into account only if it is determined to be 50% or more of the cause of the injury.

Delaware’s rule is unique in that it applies a reduced standard of contributory negligence, in that any amount of negligence attributed to the plaintiff will reduce their compensation. This may be beneficial to some plaintiffs, as it allows them more leeway in receiving compensation, while still ensuring that they are not assigned more liability than they should be. In any case, it is important to seek legal counsel when dealing with personal injury claims in Delaware, as the Comparative Negligence Rule may have a profound effect on an individual’s chances of recovering damages.