Sidewalk and Public Property Falls in Delaware
Who is responsible for a fall on a broken sidewalk in Delaware, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. 10 Del. C. §§ 4011(b)(6), 4012
| Sidewalk falls: who is responsible | Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. Their liability for negligence is limited to listed exceptions (vehicles and equipment, public buildings, and pollutant discharges), and the sidewalk immunity applies notwithstanding those exceptions. Whether abutting owners are liable for public sidewalks was not addressed in the sections read. Source: 10 Del. C. §§ 4011(b)(6), 4012 |
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| Claims against a city or county | Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence. Source: 10 Del. C. §§ 4011, 4012, 4013 |
| Suing the government | Under the County and Municipal Tort Claims Act, counties, cities, towns and similar local entities are immune from tort suits except in listed situations, such as negligent ownership, maintenance or use of motor vehicles and equipment, and construction, operation or maintenance of public buildings. Damages against a local government and its employees are capped at $300,000 for all claims from a single occurrence, unless the entity buys more insurance. A local government may adopt a notice-of-claim ordinance, but it cannot bar a suit if notice is given within 1 year of the occurrence. Re-verified 2026-10-27. Source: Del. Code tit. 10, §§ 4010-4013 |
| Deadline to sue for an injury | A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8119 |
More Delaware personal injury & wrongful death
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- Wrongful Death Lawsuits in Delaware
- Medical Malpractice Rules in Delaware
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- Dog Bite Liability in Delaware
- Slip, Trip and Fall Injuries in Delaware
- Motorcycle Accident Claims in Delaware
- Pedestrian Accident Claims in Delaware
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FAQ
Who is liable if you trip and fall on a sidewalk in Delaware?
Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. Their liability for negligence is limited to listed exceptions (vehicles and equipment, public buildings, and pollutant discharges), and the sidewalk immunity applies notwithstanding those exceptions.
How long do you have to file a claim against a city or county in Delaware?
Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence.
How do you file an injury claim against the government in Delaware?
Under the County and Municipal Tort Claims Act, counties, cities, towns and similar local entities are immune from tort suits except in listed situations, such as negligent ownership, maintenance or use of motor vehicles and equipment, and construction, operation or maintenance of public buildings. Damages against a local government and its employees are capped at $300,000 for all claims from a single occurrence, unless the entity buys more insurance. A local government may adopt a notice-of-claim ordinance, but it cannot bar a suit if notice is given within 1 year of the occurrence.
What is the statute of limitations for personal injury in Delaware?
A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.