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Comparative fault system · Delaware

What is the fault system for Comparative fault system · Delaware?

For Comparative fault system, state is Delaware; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought; fault threshold is 51%; statutory citation is 8132, recorded from its source on 2026-08-31.

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.

— delcode.delaware.gov, retrieved 2026-08-31

State
Delaware our reading
Rule type
Comparative fault system our reading
Fault system
Modified comparative fault (51% bar) our reading
When the plaintiff's own fault bars recovery
where such negligence was not greater than the negligence of the defendant or the combined negligence of all defendants against whom recovery is sought verified
Fault threshold
51% our reading
Statutory citation
8132 verified
Sourcedelcode.delaware.gov
Verified
Review by
DatasetComparative fault system and joint and several liability rules by state

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

Where each value comes from

The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.

Statutory citation

8132. Comparative negligence.

— all from delcode.delaware.gov, retrieved 2026-08-31

Source

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