Dog Bite Statute of Limitations in Delaware
Last verified 2026-07 · Source: 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies ✓ verified · 3 sources
The deadline
2 years
from Date of bite/injury, under 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies.
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The deadline to file a dog bite lawsuit in Delaware is 2 years, set by 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies. It starts running on Date of bite/injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Delaware Deadlines for Related Claims
When the Clock Starts
In Delaware, the limitations period for dog bite injury claims generally begins on Date of bite/injury. Delaware does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Delaware has no specific strict liability dog bite statute; claims proceed under common law negligence requiring proof of the owner's knowledge of the dog's viciousness. The two-year personal injury SOL under 10 Del. C. § 8119 applies.
Source: 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies, official Delaware statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Delaware government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Delaware Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Delaware | 2 years | 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies |
| Maryland | 3 yrs | Md. Code Ann., Courts & Jud. Proc. § 3-1901 |
| Pennsylvania | 2 yrs | 3 Pa.C.S. § 459-502 (Dog Law); SOL: 42 Pa.C.S. § 5524(2) |
| New Jersey | 2 yrs | N.J.S.A. § 2A:14-2(a) |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in Delaware?
You have 2 years from Date of bite/injury, under 10 Del. C. § 8119 (2-year personal injury SOL); no specific strict liability dog bite statute — common law negligence/one-bite rule applies.
Can I still sue after 2 years in Delaware?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Delaware generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official Delaware Code Title 10 Chapter 85 - Delaware Legislature
- Corroborating Justia - 10 Del. C. § 8119
- Corroborating FindLaw - Delaware Dog Bite Laws
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Delaware attorney.