# Comparative fault system · Delaware — Comparative fault system and joint and several liability rules by state

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.

- **State:** Delaware _(our reading, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **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: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 8132 _(verified: appears in its own passage below)_

## 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 8132. Comparative negligence.

## Source

- https://delcode.delaware.gov/title10/c081/index.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).