DELAWARE

Negligence / Personal Injury
2 Years No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. Del. Code Ann. tit. 10, § 8119
Fraud
3 Years Delaware three-year statute of limitations applicable to claims for common-law fraud and breach of fiduciary duty applies to common-law claims of mismanagement and breach of fiduciary duty. Del. Code Ann tit. § 8106.

The limitations period commences to run when the person knows or has reason to know that a wrong has been committed. Pack & Process, Inc. v. Celotex Corp., 503 A.2d 646, 650 (Super. Ct. Del. 1985).
Toxic Tort
2 Years No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. Del. Code Ann. tit. 10, § 8119

The statute of limitations period does not begin to run until the plaintiffs were on notice that the injury may be tortiously caused by the defendant's product. "…the plaintiffs suffered a physical condition that could not be attributed to a tortious injury until someone from the scientific community found and revealed publicly a link between the physical condition and the exposure to the toxic substance." Brown v. El duPont de Nemours and Co., Inc., 820 A.2d 362, 369 (Del. 2003).
Statute Of Repose

Construction: 6 Years from substantial completion of improvement to real property. 10 Del. C. § 8127.

Products: None.

Wrongful Death
2 Years No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action. Del. Code Ann. tit. 10, § 8107
Medical Malpractice
2 Years No action for the recovery of damages upon a claim against a health care provider for personal injury, including personal injury which results in death, arising out of medical negligence shall be brought after the expiration of 2 years from the date upon which such injury occurred, and not thereafter; and
(1) Solely in the event of personal injury the occurrence of which, during such period of 2 years, was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter... Del. Code Ann. tit. 18, § 6856

The two year period statute of limitations may be extended where the injury was unknown and could not have been discovered in the exercise of reasonable diligence during the two years, in which case an action may be brought within three years from the date of injury. Ewing v. Beck, 520 A.2d 653, 658 (Del. 1987) and Meekins v. Barnes, 745 A.2d 893, 898 (Del. 2000).
Malpractice (Other Professions)
Products Liability
2 Years

No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title. Del. Code Ann. tit. 10, § 8119

Discovery:

The statute of limitations does not begin to run until a party knows or has reason to know that he/she has been injured. Morton v. Sky Nails, 884 A.2d 480, 481 (Del. 2005).

Intentional Torts
Municipal Liability/Sovereign Immunity
Waived but only for actions in state court and only when claim is covered by state insurance program.
Discovery Rule
SOL runs from time injury is, or should have been, discovered. See specific rules above.
Comparative Negligence
Pure comparative negligence applies.
Charitable Immunity
Abolished
Disabilities
Infants (18th birthday), incompetents, or insane persons allowed 3 years after disability ceases to commence action.
Punitive Damages
Allowed where act is malicious, willful, or wanton.
No-Fault Insurance
Applies
Other Relevant Information
8 months against defendant's estate for claims arising before death.
Consumer Fraud Complaint

Delaware Consumer Protection Unit
http://www.attorneygeneral.delaware.gov/fraud/cpu/complaint.shtml

Consumer Line: (302) 577-8600

Toll free: (800) 220-5424

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