CHAPTER 384

FORMERLY

SENATE BILL NO. 381

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PERSONAL ACTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 10. Chapter 81 of the Delaware Code by adding a new Section 8132 thereto to read as follows:

§8132. Comparative negligence

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."

Section 2. This Act shall become effective upon its enactment into law and shall apply to all causes of action arising on or after its effective date.

Approved July 17, 1984.