Can I sue for being shot or stabbed in Delaware?
Often, yes. Delaware property owners owe a duty to take reasonable steps to protect people on their premises from foreseeable crime. When a business or landlord ignores a known danger and someone is shot or stabbed as a result, Delaware law can hold the owner financially responsible — through a negligent-security claim. You are not suing for the crime itself; you are suing the property owner for the security failures that made a foreseeable attack possible. This is separate from any criminal case against the attacker.
How Delaware decides if a crime was “foreseeable”
Delaware property owners owe business invitees a duty of reasonable care to protect them from foreseeable third-party crime (Jardel Co. v. Hughes, adopting Restatement (Second) of Torts § 344). Delaware rejects a narrow ‘specific crime’ test, so evidence of prior crimes on or near the premises — including lesser offenses — can show that violent crime was foreseeable (reaffirmed in Koutoufaris v. Dick).
Deadlines in Delaware
- Negligence / personal injury: generally two years from the date of the incident from the date of the incident.
- Wrongful death: generally two years from the date of death.
Evidence like surveillance footage disappears fast, so it’s important to act quickly.
Fault sharing in Delaware
Delaware follows modified comparative negligence with a 51% bar (10 Del. C. § 8132): you recover, reduced by your share of fault, only if you were 50% or less at fault.
What you can recover
Delaware does not cap compensatory damages in an ordinary negligence case. For families, a wrongful-death claim can recover funeral costs and the loss of support and companionship.
Why Delaware victims choose The Haggard Law Firm
The firm has handled nearly 500 negligent-security cases nationwide and secured the largest negligent-security verdict in U.S. history ($102.7 million). Delaware also keeps joint-and-several liability, so a negligent property owner can be held responsible for the full harm its security failure helped cause. We help Delaware crime victims and their families with no fee unless we win.
Negligent security in Delaware cities
We handle Delaware negligent-security cases statewide. If your case happened in one of these cities, start here:
How we handle a Delaware case — working with local counsel
The Haggard Law Firm is based in Coral Gables, Florida, and Michael A. Haggard is licensed to practice law in Florida. Mr. Haggard is not licensed in Delaware. Negligent security and crime-victim litigation is the firm’s core focus, and because of the national reputation the firm has built in this specific area, Mr. Haggard regularly works on Delaware cases as co-counsel with a locally licensed Delaware attorney, seeking admission pro hac vice (for the individual case) where the court’s rules permit. Any Delaware matter would be handled together with local counsel admitted in Delaware.
If you were shot, stabbed, or lost a loved one to a preventable crime in Delaware, you can still reach out to us directly. We will review your case for free and, where appropriate, associate with a qualified Delaware attorney to pursue it.
This page is attorney advertising and general information only; it is not legal advice and does not create an attorney-client relationship. Michael A. Haggard is licensed in Florida. Prior results do not guarantee a similar outcome.
Frequently asked questions
Can I sue for being shot in Delaware?
Often, yes. If you were shot on a Delaware property that failed to provide reasonable security against a foreseeable risk, you may be able to sue the property owner for negligent security — separately from any criminal case against the shooter. Delaware requires foreseeability shown by the totality of prior incidents on or near the property, not just identical past crimes (Jardel). A free case review will tell you whether you have a claim.
Can I sue if I was stabbed on someone's property in Delaware?
Possibly. A stabbing on a Delaware property with inadequate security is handled the same way as a shooting — if the attack was foreseeable and the owner failed to provide reasonable security, the owner may be liable. The claim is against the property owner, not only the attacker.
How long do I have to file a negligent-security claim in Delaware?
Generally two years from the date of the incident from the date of the incident for a negligence claim, and two years from the date of death for wrongful death. Confirm your specific deadline with a lawyer quickly.
Is Michael Haggard licensed to practice in Delaware?
Mr. Haggard is licensed in Florida, not in Delaware. Because negligent-security litigation is his firm's core focus and the firm has a national profile in these cases, he regularly serves as co-counsel with a locally licensed Delaware attorney and, where the court permits, appears pro hac vice for the individual case. You can contact the firm directly, and where appropriate it will associate with qualified local counsel in Delaware.
How does Delaware decide if a property owner is liable?
Delaware requires foreseeability shown by the totality of prior incidents on or near the property, not just identical past crimes (Jardel). If the crime was foreseeable and the owner failed to provide reasonable security, they can be held responsible.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no attorney's fees unless we recover compensation for you.