Beyond Comparative Negligence: Contributory Recklessness Survives in Delaware

In Steward L. Northan, Jr., v. Kelly Thomas, and Russell Travis Hovatter, S23C-03-006 CAK, the Delaware Superior Court explained that the Delaware comparative negligence statute, 10 Del. C. § 8132, did not abrogate the preexisting common law defense of contributory recklessness. Contributory recklessness exists when a plaintiff, with no intent to cause harm, performs an act which is so unreasonable and dangerous that he either knows or should have known that there would be an eminent likelihood…
By: Weber Gallagher Simpson Stapleton Fires &