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★ Delaware · fracture

Fracture settlements
in Delaware.

By 9 min read

A 16 year old in Smyrna suffered multiple open fractures in her foot when a golf cart, stolen from a nearby course by another teen, tipped over on her. The Delaware Supreme Court held the course owed her no duty. A tenant whose foot went through a porch floorboard lost at trial after the landlord showed earlier ankle complaints.

Facts that decide a fracture claim in Delaware

ForeseeabilityAn owner is not liable for injuries from property stolen by a third party when the harm was not reasonably foreseeable.Carroll v. Forewinds Garrisons Lake (Del. 2025)
Earlier complaintsMedical records of the same pain before the fall let a jury find the fall did not cause the injury, as in Prince.Prince v. Ferritto (Del. Super. 2019)
Claims against towns and countiesTowns may require notice by ordinance, but notice within 1 year always preserves the claim; counties and towns are liable up to $300,000 per occurrence, or the insurance limit if higher.10 Del. C. § 4013; see our notice table
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Delaware's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Delaware. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ DE · reported fracture outcomes

What Delaware courts have awarded.

Real Delaware decisions and verdicts, each linked to the court record or official report.

  • Carroll v. Forewinds Garrisons Lake
    Delaware Supreme Court · 2025
    Summary judgment for the course affirmed

    In June 2021 a teenager stole a golf cart from Garrisons Lake Golf Club near Smyrna, which had never had a cart theft before that month. Megan Carroll, about 16, rode in it with another teen driving; it tipped over and landed on her leg, causing multiple open fractures of the metatarsals in her right foot. The court held the course owed no duty.

  • Prince v. Ferritto
    Delaware Superior Court · 2019
    Defense verdict; new trial denied

    Deedra Prince said her left foot went through a floorboard of the porch at the house she rented in June 2016, after she had complained about the porch the year before; a contractor had called it safe. A podiatry record from May 2016 showed left ankle pain for about two years. The jury found the landlord not negligent, and the court denied a new trial.

★ DE · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Delaware.

  1. 1

    Put complaints about a dangerous condition in writing and name the exact spot, such as the deck.

  2. 2

    Expect the defense to search your records for earlier pain in the same place.

  3. 3

    A third party’s theft or misuse can cut off an owner’s liability unless it was foreseeable.

★ DE · statute of limitations
2 years from date of injury

10 Del. C. § 8119

★ DE · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Delaware's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Delaware · you are hereModified comparative, 51% bar2 years from date of injury—
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
★ DE · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of DE
Delaware overview

Fault rule, statute, caps, and key facts for Delaware as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Delaware's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Delaware. See /methodology, /sources, and /disclaimer.