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Proximate Cause Of An Injury In Delaware Negligence Law

For a plaintiff to prevail in a negligence action, he/she must show, "by a preponderance of the evidence, that a defendant's negligent act or omission breached a duty of care owed to plaintiff in a way that proximately caused the plaintiff injury." Duphily v. Delaware Electric Cooperative, Inc., Del. Supr., 662 A.2d 821, 828 (1995) (citing Culver v. Bennett, Del. Supr., 588 A.2d 1094, 1096-97 (1991)).

While "the violation of a Delaware statute enacted for the safety of others is evidence of negligence per se," negligence alone is not sufficient to hold a defendant liable for damages, unless it is shown to be a proximate cause of plaintiff's injury.

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