Delaware General Assembly

Stricken 4/12/16

The General Assembly has ended, the current status is the final status.

1/27/15

Pettyjohn

Rep. Wilson

Sen. Bonini, Cloutier, Hocker, Lavelle, Lawson, Lopez, Richardson, F Simpson
Reps. Collins, Dukes, Gray, Hudson, Kenton, Outten, Smyk

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON NONECONOMIC DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH OCCURRING AT SPECIAL EVENTS.

This Act is intended to promote the development of Special Events hosted by non-profit organizations not more often than once per calendar year by placing a liability cap on noneconomic damages [like pain and suffering] awarded for personal injury or wrongful death. There is no limitation on economic damages [like lost wages and medical bills], nor is there any limitation where gross negligence or intentional actions cause the damages, nor does it limit punitive damages. The cap on noneconomic damages begins at $1,000,000 and increases each calendar year by 1.5% except that multiple claimants under a wrongful death action may be awarded a total of 250% of that cap. This Act is similar to the Maryland noneconomic damages cap. However, unlike Maryland’s cap, Delaware’s cap only applies to Special Events held by non-profits not more than once per year. .

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