Delaware Statute of Limitations (2026)

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of injury

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years

Notes

Standard 2-year rule for personal injury in Delaware.

Official Statute

Del. Code Ann. tit. 18, § 6856

Clock Starts

Date of act or discovery

Key Exceptions

• 3-year statute of repose from date of act
• Affidavit of Merit required at filing

Notes

Delaware requires an Affidavit of Merit from a medical expert at the time of filing.

Official Statute

Del. Code Ann. tit. 10, § 8106

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Delaware's 3-year period for written contracts is shorter than most states.

Official Statute

Del. Code Ann. tit. 10, § 8107

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Delaware gives 3 years to file a oral contract claim under Del. Code Ann. tit. 10, § 8107. Exceptions and special accrual rules are listed above.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of publication

Key Exceptions

No major exceptions noted.

Notes

Two years for defamation claims.

Official Statute

Del. Code Ann. tit. 10, § 8107

Clock Starts

Date of death

Key Exceptions

No major exceptions noted.

Notes

Two years from the date of death.

Official Statute

Del. Code Ann. tit. 10, § 8107

Clock Starts

Date of damage

Key Exceptions

No major exceptions noted.

Notes

Two years for property damage.

Official Statute

Del. Code Ann. tit. 10, § 8106

Clock Starts

Date of discovery

Key Exceptions

• Discovery rule applies

Notes

Three years from discovery of the fraud.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of fall, trip, or injury on the property

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years
• Property owner must have had actual or constructive notice of the dangerous condition

Notes

Delaware applies the 2-year personal injury statute to slip and fall (premises liability) claims. To win, you must show the property owner knew or should have known of the hazardous condition and failed to fix it or warn you.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of bite, attack, or injury

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years
• Some states impose strict liability on owners regardless of the dog's prior history

Notes

Delaware applies the 2-year period to dog bite and animal attack claims. Most states impose strict liability on dog owners for bites; some require proof the owner knew the animal was dangerous ("one bite rule").

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of injury OR date the defect was or should have been discovered

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years
• Discovery rule may extend start date for latent product defects
• Defective design, manufacturing defect, or failure-to-warn claims each have own accrual rules

Notes

Delaware product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of the assault or battery

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years
• Criminal prosecution of the defendant does not pause the civil SOL
• Evidence from criminal proceedings may be usable in civil case
• Some states apply a different (often shorter) period to intentional torts such as assault and battery. Confirm the rule for your state with an attorney.

Notes

Civil assault and battery claims in Delaware are subject to the 2-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date of assault or date of discovery of harm

Key Exceptions

• Discovery rule for repressed or suppressed memory
• Minors: tolled until age 18, then extended period in many states
• Many states have recently eliminated or extended SOL for childhood sexual abuse — verify current law

Notes

Delaware applies a 3-year period for civil sexual assault claims. Many states have recently extended or eliminated statutes of limitations for childhood sexual abuse. Always verify the current law with an attorney, as this area of law has seen significant legislative changes since 2018.

Official Statute

Del. Code Ann. tit. 10, § 8119

Clock Starts

Date abuse occurred or was discovered

Key Exceptions

• Gov entities: Notice within 1 year required
• Minors: tolled until age 18, then 2 years
• Discovery rule applies when abuse was hidden or not immediately apparent
• Mental or cognitive incapacity of the resident may toll the period
• Federal LTCOP (Long-Term Care Ombudsman) complaints are separate from civil lawsuits

Notes

Delaware nursing home neglect and abuse claims are governed by the 2-year personal injury statute. The discovery rule is critical — abuse is frequently concealed, and courts often hold the clock starts when the family discovered (or should have discovered) the abuse. Preserve all medical records, facility reports, and communications.