Delaware
How Bishop v. State of Michigan applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware law recognizes governmental immunity but also allows for exceptions when governmental entities engage in negligent acts that cause harm. This aligns with the principles of Bishop v. State of Michigan, which delineates the boundaries of immunity based on the nature and conduct of the governmental action.
In Delaware, the state can be liable for tortious acts if there is a clear waiver of immunity or when performing non-discretionary functions that lead to negligence.
The court allowed a claim against the state for negligence in a school setting, emphasizing the distinction between discretionary acts and operational duties.
The court established that the state could be liable for road maintenance failures if such duties were non-discretionary.
This case reinforced that the state could not claim immunity where there is a clear statute allowing citizen suits.
Delaware mirrors federal standards concerning governmental immunity; however, it has adopted a unique approach in allowing for certain non-discretionary acts to be subject to liability. Unlike federal courts, which may apply broader immunity doctrines, Delaware maintains stringent tests for determining state liability.
Understanding state immunity and exceptions is vital for Delaware bar examinees, particularly in torts involving governmental entities.