Delaware

STATUTE OF LIMITATIONS

Personal Property: 2 Years

Personal Injury: 2 Years

Breach of Contract (Written): 3 Years

Breach of Contract (Oral): 3 Years

Statute of Repose (Real Property): 6 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

PIP/MED PAY SUBROGATION

PIP: YES
-Exists against responsible party’s liability carrier only and not the individual tortfeasor
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-Vandalism: $5,000
-Auto: No limit

Liable when child under 18 causes intentional or reckless destruction to real or personal property

Individual who signs license application for minor driver is liable to damages

Owner of vehicle who gives permission to minor to operate the vehicle is liable for damages

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Pure joint and several liability
Each defendant may be held liable for the entire loss

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Undecided

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.