Delaware
How Curtis v. City of New York applies in Delaware: state-specific rules, key cases, and bar exam notes for Torts.
Delaware generally follows the doctrine of governmental immunity, which limits the liability of state and local government entities. However, under certain exceptions, such as when a government engages in a proprietary function or causes a private harm, claims can proceed.
In Delaware, the state is protected under sovereign immunity except for certain exceptions, such as actions taken under a proprietary function, as endorsed by the Delaware Tort Claims Act.
The court held that a city could be held liable for injuries occurring on a public roadway that was negligently maintained.
This case clarified the scope of immunity for school districts, indicating they may be liable for negligent acts that cause harm to students.
The court ruled that state entities could be found liable if they engage in acts that constitute a departure from their statutory duties.
Delaware's approach to torts, particularly regarding governmental immunity, aligns with federal standards in principle but differs in application and exceptions. Federal law typically imposes stricter standards for municipal liability under Section 1983, while Delaware allows more room for claims against local entities under specific circumstances.
Candidates should be familiar with the principles of governmental immunity and the exceptions in the context of tort claims against the state for the Delaware bar exam.