What Is the Statute of Limitations for Product Liability in Delaware?
In Delaware, the statute of limitations for product liability is generally 2 years under 10 Del. C. § 8119.
Product liability Deadlines in Delaware
How long do you have to file a product liability claim in Delaware?
In Delaware, the statute of limitations for product liability is generally 2 years under 10 Del. C. § 8119.
When does the clock start for product liability in Delaware?
Two years for personal injury caused by a defective product.
Can the Delaware deadline for product liability be extended?
A claim framed as breach of warranty on a sales contract runs four years under 6 Del. C. § 2-725 instead. Mapping onto § 8119 is doctrinal rather than expressly statutory.
Is the deadline different if the claim is against the government in Delaware?
Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…
How does Delaware compare to other states for product liability?
Delaware's 2 years is in the middle of the range nationally. Across the 19 jurisdictions with a verified figure, the deadline for product liability ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Product Liability Cover?
Situations that typically fall under the product liability deadline in Delaware:
