## US-DE comparative fault rule

The controlling primary authority for US-DE damages allocation authority (10 Del. C. § 8132) is **8132**.

> **8132.** 10 Authenticated PDF § 8101 § 8102 § 8103 § 8104 § 8105 § 8106 § 8107 § 8108 § 8109 § 8110 § 8111 § 8112 § 8113 § 8114 § 8115 § 8116 § 8117 § 8118 § 8119 § 8120 § 8121 § 8122 § 8123 § 8124 § 8125 § 8126 § 8127 § 8128 § 8129 § 8130 § 8131 § 8132 § 8133 § 8134 § 8135 § 8136 § 8137 § 8138 § 8139 § 8140 § 8141 § 8142 § 8143 § 8144 § 8145 TITLE 10 Courts and Judicial Procedure Limitation of Actions CHAPTER 81. Personal Actions § 8101. Sheriff’s recognizance or administration bond. No action shall be brought upon the off

## Source-backed allocation summary

US-DE damages allocation controlling authority under 10 Del. C. § 8132.

This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.

## Use the calculator

DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.

[Open the Damages Allocation calculator](/tools/damages-allocation)

## Sources

- [8132 — 10 Del. C. § 8132](https://delcode.delaware.gov/title10/c081/index.html)

All sources are official primary law published by `delcode.delaware.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


How to calculate pain and suffering damages in Delaware using DocketMath and jurisdiction-aware rules.

How to calculate pain and suffering damages in Delaware

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 defendants against whom recovery is sought, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

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.

§ 6306. Third-party practice. (a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section. (b) A pleader may either: (1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant; or (2) Move for judgment for contribution against any other joint judgment debtor, where in a single action a judgment has been entered against joint tortfeasors 1 of whom has discharged the judgment by payment or has paid more than his or her pro rata share thereof. If relief can be obtained as provided in this subsection no independent action shall be maintained to enforce the claim for contribution. (c) The court may render such judgments, 1 or more in number, as may be suitable under the provisions of this chapter. (d) As among joint tortfeasors against whom a judgment has been entered in a single action, § 6302(d) of this title applies only if the issue of proportionate fault is litigated between them by cross-complaint in that action.

§ 6304. Release of 1 joint tortfeasor. (a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid. (b) A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors.

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 his 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.

damages allocation in US-DE is governed by 10 Del. C. § 8132.