Delaware Tort Laws

In March 2023, there was an argument raised in the Delaware Supreme Court about a toxic tort case against Monsanto, a manufacturer that used a chemical called polychlorinated biphenyls. This chemical was being held responsible for contaminating waterways, which affected wildlife and the food chain. The argument revolved around whether to allow the state to pursue the claims as it might open a can of worms relating to liability against other manufacturers in Delaware with the same scenario. Given the complexity of the case, the court has yet to release its decision.

A tort arises when someone suffers real pain or loss as a result of another party’s negligent act. Delaware residents who suffer because of another person’s negligence have the legal option to pursue compensation, which usually includes opting for an out-of-court settlement or suing for damages. 

Also known as tort claims, these lawsuits are resolved in different courts based on the severity of the injuries suffered by the victim and the amount of compensation. Most of the time, the Justice of the Peace Court, the Court of Common Pleas, and Delaware’s Supreme Court manage and hear tort claims.

More information about Delaware’s tort law will be discussed in this article, including tort categories, what qualifies as a mass tort, the statute of limitations, and how much an individual can receive in a tort case. 

Basic Tort Categories in Delaware

Tort is a non-criminal law that covers a wide range of civil cases and has three categories, which are as follows:

Negligent Torts

Negligence claims dominate tort litigation, where the plaintiff must establish that the defendant breached a duty of care, causing injury or harm. Unlike intentional torts, negligence stems from carelessness rather than deliberate actions. In order to succeed in a negligence case, plaintiffs must be able to prove duty, breach, causation, and damages. Common examples of negligence torts are slips and falls, vehicular collisions, bicycle accidents, and medical malpractice.

Intentional Torts

Intentional torts happen when an individual, referred to as the tortfeasor, commits deliberate misconduct that results in injury, harm, and property damage to another individual. Significantly, the tortfeasor’s act determines their accountability rather than their intent to cause harm. For example, if a tortfeasor startles someone who has a delicate health condition and that act causes the victim to slip and fall, the tortfeasor can be held liable, regardless of whether they acted with malicious intent or not. Other examples of intentional torts are trespassing, false imprisonment, assault, battery, and deliberately causing someone emotional distress. 

Strict Liability Torts

Strict liability is a legal principle applied in certain tort cases, holding defendants accountable for their actions’ outcomes, irrespective of their intent or negligence. This principle applies even if the person acted cautiously. It covers circumstances in which wild animal owners are held liable for any harm their animals may cause. The principle also applies to extremely dangerous or ultrahazardous activities, like transporting volatile chemicals or using explosives. 

Additionally, in product liability, manufacturers or sellers are held liable if their defective and dangerous products cause injury. 

Other Tort Categories in Delaware

Business torts, including economic losses in a commercial setting, manifest through various wrongdoings, either intentional or reckless. Key examples include:

• Tortious interference, where deliberate harm to a business relationship causes a loss.

• Theft of trade involves illegally acquiring or using confidential business information.

• Fraud is characterized by deceptive practices for financial advantage, including internal and external schemes like payroll fraud. 

• Trade libel, or commercial disparagement, involves spreading false statements that damage a business’s reputation

• Conspiracy covers collaborative illegal actions aimed at causing economic harm.

These examples illustrate the broad spectrum of business tort claims.

Tort vs. Crime in Delaware

There are critical differences between torts and crimes. Torts occur when an individual is harmed by the actions of another person and pursues a civil lawsuit to obtain compensation for any damages. Crimes, on the other hand, are social offenses that are subject to fines or jail time based on the law. 

Tort law operates under an unwritten legal system, meaning that the court or judges decide the right compensation that the victim deserves based on the damages. When it comes to criminal offenses, the state follows the standard legal system and law codes that provide and guide judges on the corresponding penalties that a defendant will get based on the severity of their crime.

Another distinction is that in a tort case, the injured party initiates the legal proceedings with the goal of being compensated for their losses, including lost income and medical expenses. In criminal cases, the courts are authorized to handle the legal process of the offense in question with the purpose of discouraging further illegal activities and maintaining public order. 

When it comes to proving the defendant’s liability, the plaintiff will need to adhere to the standards of the law in tort cases. If they succeed, they will receive compensation. In criminal lawsuits, the burden of proving guilt rests on the prosecution due to the presumption of the defendant’s innocence. If the defendant is proven guilty, the judge will decide the appropriate sentence or punishment.

Mass Torts in Delaware

Mass tort lawsuits in Delaware are cases where multiple victims join a single legal battle against an entity that caused them harm due to negligence. The victims get together to obtain compensation for the injuries they suffered and for other related damages. Similar to personal injury, a mass tort results from a person, a company, or another entity’s failure to act or negligence. The negligent party will face accountability, and if proven guilty, will be asked to compensate for the injuries the victims have sustained.

The main distinction of a mass tort case is the number of individuals affected by the negligent act. A mass tort claim can be brought upon by a small group of five people from a particular district or by several individuals or families from various locations. 

Typical scenarios that commonly lead to mass tort lawsuits include:

• Distribution of defective products or medical equipment.

• Negligent management of hazardous materials.

• Medical malpractice.

• Massive explosions, causing injuries to numerous victims.

There are several advantages to filing mass torts. One of these is combining cases, which then results in increased productivity and reduced trial duplication. Another is saving litigants some money by pooling resources for court fees and expert witnesses. 

Also, a lawsuit coming from several people gives rise to strength in numbers and credibility and brings attention to the bigger problem. 

Mass Torts vs. Class Actions

Most of the time, people mix up class action lawsuits and mass torts, but they have distinct legal procedures and structures. Class actions combine the claims of multiple claimants into a single group filed against a defendant who is alleged to have caused damage. In mass tort cases, complaints are handled individually, and the plaintiff is given more negotiating powers as opposed to class actions.

Defendants in both cases are commonly corporations, institutions, or organizations. They have been identified as being linked to claims involving severe injuries from the use of their faulty products, repeated malpractice in their medical facilities, or abuse in their assisted living homes. 

While mass torts also target just one defendant, they also involve multiple individual claims connected to a service or a product. Even though plaintiffs may have similar or comparable injuries, the claimant’s damages might vary in terms of amount and kind, which will require individualized, unique assessments. Mass torts usually lead to higher verdicts and settlements when compared to class actions.

Class actions also have a certification stage, which a mass tort does not have. This certification is needed if the plaintiffs want to pursue the case as a class action. The plaintiffs need to meet the requirements stated in Federal Rule of Civil Procedure 23(b)(3).

On the other hand, the benefits of filing a class action usually include lower litigation expenses, a streamlined and faster defense process, and increased awareness of important social cases. Apart from the said benefits, class actions, most of the time, are far more simple cases than mass torts. 

However, class actions also have their disadvantages. One of them is that an individual’s best interest may not always be upheld since the claim has already been grouped into one case. 

The Mass Tort Process

Given the complexity of mass tort cases, plaintiffs are encouraged to seek assistance from personal injury attorneys. The mass tort process starts when an individual, with the help of an attorney, files a personal injury claim.

When the number of individual claims begins to rise, the courts will commonly be able to identify legal similarities in the cases filed. The combination of a high number of claims filed and the common elements among these cases can lead to a mass tort case. Once consolidated, the settlement process will be managed more efficiently and effectively. 

Consolidation will then be followed by the discovery stage. The plaintiffs and their lawyers talk about details concerning witnesses and pieces of evidence that will be shown during the trial. Through structuring timetables, collecting data relevant to the lawsuit, and reaching out to expert witnesses, lawyers perform an essential role in preparing clients for discovery.

The implementation of bellwether trials is also a unique aspect of mass torts. These early trials act as benchmarks, providing insights into the various possible responses of judges and juries to circumstances that are similar in the mass tort area. Bellwether trials do not guarantee the same conclusion across multidistrict litigation, but they provide a peek at how the future trial can proceed to identify what issues arise and how they can be managed. 

Mass torts and multidistrict litigation have been used interchangeably, but they are two separate things. Multidistrict litigation is a legal strategy that brings together several distinct lawsuits for pretrial purposes to accelerate the court process. 

Another critical stage of a mass tort is the settlement phase. Once a settlement is reached with the defendant, the plaintiffs have the option to settle the case before or during the trial. In the event that neither side is willing to reach a settlement, their attorneys will have to advocate on behalf of their clients in court. These cases are usually tried before a jury or a judge in federal court. If the trial ends in the plaintiff’s favor, damages will be awarded accordingly. 

Ultimately, the length of mass litigation lawsuits differs, often exceeding the normal duration of individual claims because of their complexity and the number of claimants. Even if the process may take longer, advantages such as reduced evidence collection and litigation costs make up for the time it will take. There may even be some cases that settle before the trial starts.

Delaware Tort Liability Insurance Requirements

While not compulsory, commercial or general liability insurance is significant to businesses given Delaware’s absence of limitations when it comes to personal injury compensation. 

Insurance coverage limits will vary depending on business needs, but the average recommended amount is typically anywhere between $500,000 and $1 million. Businesses in the high-risk category may need to consider a higher coverage amount than the recommended.

The most common claims against businesses are defamation, physical harm or injuries occurring inside business premises, and property damage during operation hours. Insurance can also cover litigation expenses and advertising losses for the business, but it will not provide coverage for punitive penalties. 

The Statute of Limitations for Tort Cases in Delaware

Civil claims in Delaware generally have a statute of limitations of three years, which will depend on the case type. Limitations for criminal cases, on the other hand, can range from two to 10 years, depending on whether it is a misdemeanor charge or a more serious offense.

Below is the statute of limitations for common tort cases:

The discovery rule is also observed in Delaware. It means that the statute of limitations will start depending on when the plaintiff discovered the injury or damage caused by the negligence of the other party. Sometimes, the deadline may already have started even if the victim has not discovered the injuries yet.

Delaware also has a six-year statute of repose, which is only applicable to real property improvement issues. The statute of repose is the deadline by which the plaintiff will no longer be allowed to file a lawsuit against a defendant.

How Much Can Someone Sue in a Tort Case in Delaware?

People often wonder how much they can get if they pursue a personal injury case, especially if it involves several claimants, such as in mass torts. However, the process of determining how much they can get is complicated, as there is no one-size-fits-all computation for these cases. The specifics of the case itself and various factors will affect the compensation amount.

Generally, there are two types of damages that plaintiffs can recover. The first one is economic damages, which commonly refer to tangible costs like lost income, medical expenses, and medication costs. The second is non-economic damages, which are more abstract or subjective and difficult to measure, such as emotional distress, loss of quality of life, and pain and suffering. 

Pain and suffering are commonly measured by assessing the severity of the injury, the age of the injured, if they have any preexisting conditions, the current amount of damage, and potential future medical costs. 

Even with the tort reform, the state of Delaware did not enforce caps on damages for pain and suffering compared to other states. This may sound great, but plaintiffs may find it a little challenging when taking action against the government. This is because the Delaware Tort Claims Act provides government workers with an additional layer of security by giving them some level of immunity. This protects the state and its employees from civil accountability under the following conditions:

• The liability was a result of the state or the state employee’s actions while on official duty.

• The act was carried out in good faith and for the benefit of public interest.

• The act was done or executed without willful or gross negligence.

Another factor that can constrain the plaintiff’s recovery amount is the state’s comparative negligence rule. Under Delaware’s comparative negligence law, the plaintiff’s recovery amount depends on their degree of fault. 

For example, if the plaintiff’s degree of fault in an accident is 50% and their damage award is $100,000, then they can only recover $50,000. 

If the plaintiff is more than 50% at fault, financial recovery will no longer be permitted under the law. A plaintiff must not be more at fault than the defendant.  

Other Legal Remedies in Tort Cases in Delaware

There are other legal remedies available for tort cases in Delaware that provide additional help to claimants. One of the common remedies is injunctive relief. It serves as a powerful judicial legal option frequently used in cases like contract violations, mergers, and acquisitions. 

The Delaware Court of Chancery grants the following injunctions:

• Preliminary Injunction - This puts a stop to certain actions when all other legal options have been exhausted but are still not enough to provide relief.

• Mandatory Injunction - This action does more than just stop particular actions. It forces people to take action. Having a mandatory injunction demands the petitioner supply more evidence, which reflects its proactive nature.

Resources for Tort Victims in Delaware

The Delaware Code Online

The Delaware Code Online, as its name states, contains valuable information about various regulations and codes surrounding Delaware laws. Victims can use the information it contains as a reference and guide for their particular cases. Given the detailed information in this online resource, individuals are encouraged to seek assistance from legal counsel for guidance.

Delaware Civil Court Records

The Delaware Civil Court Records not only provide consumer reports but also offer a glossary that is helpful for someone trying to understand their tort cases. It also contains brief information on tort cases that can provide additional guidance for victims in navigating their cases.

Delaware Legal Help Link

The Delaware Legal Help Link is a nonprofit civil legal service that offers free referral information to individuals looking for low-cost representation from legal aid organizations or community resources.