Comparative fault system · Delaware

For Comparative fault system · Delaware, state is Delaware; rule type is Comparative fault system; 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%, recorded from its source on 2026-08-31.

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.

What the source says

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

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.

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

Source

• delcode.delaware.govhttps://delcode.delaware.gov/title10/c081/index.html

Last verified against source: 2026-08-31. Due for re-check by 2027-08-31. This page as Markdown · OKF bundle · full dataset as JSON.