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

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