Can I Sue for Being Shot or Stabbed in Wilmington?

Can I sue for being shot or stabbed in Wilmington?

Often, yes. If you were shot or stabbed on a Wilmington property — an apartment complex, bar or nightclub, parking garage, store, hotel, or transit stop — and the owner failed to provide the reasonable security a foreseeable risk called for, Delaware law may let you hold that 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.

Wilmington negligent-security law — the short version

Wilmington cases are governed by Delaware law. Delaware requires foreseeability shown by the totality of prior incidents on or near the property, not just identical past crimes (Jardel). A negligent-security lawsuit here is generally filed in the Delaware Superior Court in New Castle County (New Castle County). For the full Delaware standard — deadlines, how fault is shared, and what you can recover — see our Delaware negligent security page.

Public safety in Wilmington

Wilmington has long carried one of the higher per-capita violent-crime rates among U.S. cities, and firearm violence in Delaware is heavily concentrated there. The city reported broad declines in shootings and serious crime heading into 2025. A negligent-security case turns on the documented history of prior crime at the specific property and whether the owner had reason to know of the danger.

Where these cases happen in Wilmington

In Wilmington, these claims commonly arise downtown along the Market Street corridor and nightlife areas, near the Riverfront and transit points, and in documented higher-crime neighborhoods on the city’s east and northeast sides. Common property types are apartment complexes and multi-family rental housing, bars and nightclubs, parking lots and garages, convenience stores and gas stations, retail, and hotels and motels.

Good to know in Wilmington

A Wilmington negligent-security case is filed in the Delaware Superior Court in New Castle County — the state’s trial court for personal-injury cases, which is separate from the Court of Chancery. Wilmington also runs a Public Nuisance Properties program that flags locations by their record of calls for service and criminal activity — a public record that can help establish the prior-incident history at the heart of a negligent-security claim.

Deadlines for a Wilmington case

• 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.

Surveillance footage and other evidence disappear quickly, so it is important to act fast.

Why Wilmington 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). We help Wilmington crime victims and their families with no fee unless we win.

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.