Chapter 68

§ 6801 Persons rendering emergency care exempt from liability. (a) Any lay individual who in good faith, without the expectation of monetary or other compensation from the individual aided or treated, renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility is not liable for any civil damages as a result of any act or omission in rendering the emergency care unless it is established that the injuries or death were caused wilfully, wantonly, or recklessly or by gross negligence. (b) This section may not be construed to require a lay individual to administer first aid or emergency care to another if the other individual objects. 16 Del. C. 1953, §  6801; 58 Del. Laws, c. 105 ; 59 Del. Laws, c. 361, §  1 ; 62 Del. Laws, c. 93, §  1 ; 63 Del. Laws, c. 235, §§  1, 2 ; 66 Del. Laws, c. 51, §  1 ; 66 Del. Laws, c. 235, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 137, §§  23, 32 ; 77 Del. Laws, c. 319, §  1 ; 81 Del. Laws, c. 265, § 2 ; § 6802 Exempting nurses from civil liability in rendering emergency care. Any registered nurse or any licensed practical nurse, licensed as such by any state, who in good faith renders emergency care at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility shall not be liable for any civil damages as a result of any act or omission in rendering the emergency care; provided, however, such act or omission is not grossly negligent or intentionally designed to harm the victim. 59 Del. Laws, c. 266, §  1 ; § 6803 State Emergency Response Commission; other personnel [Repealed]. Repealed by 71 Del. Laws, c. 208, § 1, effective July 17, 1997. Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6810 Definitions. (a) As used in this subchapter: (1) “Action” shall include nonaction or the failure to take action. (2) “Authorized agencies” shall mean: a. The State Fire Marshal, or the Marshal’s equivalent in any political subdivision of the State, when authorized or charged with the investigation of fires at the place where the fire actually took place; b. The State Police or police of a duly organized county or municipal police agency; c. The Department of Justice of the State; d. County law departments or the solicitor of a municipality; e. The Federal Bureau of Investigation or any other federal agency; f. The United States Attorney’s Office when authorized or charged with investigation or prosecution of the fire in question. (3) “Immune” shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter where actual malice on the part of the insurance company or authorized agency against the insured is not present. (4) Material will be “deemed important,” if within the sole discretion of the “authorized agency,” such material is requested by that “authorized agency”. (5) “Relevant” shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence. (b) As used in this section “insurance company” includes the Insurance Placement Facility of Delaware (FAIR Plan). 62 Del. Laws, c. 222, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 6811 Disclosure of information. (a) Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession, relating to the fire loss in question. Relevant information may include, without limitation herein: (1) Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy; (2) Policy premium payment records which are available; (3) History of previous claims made by the insured; (4) Material relating to the investigation of the loss, including statements of any person, proof of loss or any other evidence relevant to the investigation. (b) (1) When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, and such fire loss is in excess of $5,000, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with any or all material developed from the company’s inquiry into the fire loss. (2) When an insurance company provides any one of the authorized agencies with notice of a fire loss, it shall be sufficient notice for the purpose of this subchapter. (3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section. (c) The authorized agency provided with information pursuant to subsection (a) or (b) of this section, and in furtherance of its own purposes, may release or provide information to any of the other authorized agencies. (d) Any insurance company providing information to an authorized agency or agencies pursuant to subsection (a) or (b) of this section shall have the right to request relevant information and receive from the authorized agency or agencies within a reasonable time, not to exceed 30 days, the information requested. (e) Any insurance company, or person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to subsection (a) or (b) of this section shall be immune from any liability arising out of a civil action, or criminal prosecution. 62 Del. Laws, c. 222, §  1 ; § 6812 Confidentiality of information; testimony. (a) Except as provided in § 6811(c) of this title any authorized agency and insurance company described in § 6810 or § 6811 of this title who receives any information furnished pursuant to this subchapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. (b) Any authorized agency referred to in § 6810 of this title, or their personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party. 62 Del. Laws, c. 222, §  1 ; § 6813 Enforcement. (a) No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to 6811(a) or (b) of this title. (b) No person shall intentionally or knowingly refuse to release to authorized agencies relevant information pursuant to 6811(b) of this title. (c) No person shall fail to hold in confidence information required to be held in confidence by § 6812 of this title. 62 Del. Laws, c. 222, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6820 Food donors exempt from liability [Repealed]. 63 Del. Laws, c. 263, §  1 ; repealed by 83 Del. Laws, c. 196, § 2, effective Sept. 17, 2021. ; § 6821 Definitions. For purposes of this subchapter: (1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended to be used in whole or part for human consumption that is apparently fit for human consumption. “Food” includes nonperishable food, perishable food, and wild game. (2) “Gleaner” means a person who gleans an agricultural crop that has been donated by the owner of the agricultural crop. (3) “Gleans” or “gleaned” means to gather an agricultural crop leftover after a harvest. (4) “Nonperishable food” means any food that has been commercially processed, prepared, and packaged for human consumption and that is intended to remain fit for human consumption without refrigeration for a reasonable length of time. (5) “Nonprofit organization” means an incorporated or unincorporated entity that is operating for religious, charitable, or educational purposes and does not provide net earnings to, or operate in any other way that inures to the benefit of, any officer, employee, or shareholder of the entity. (6) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. “Perishable food” includes all of the following: a. Fresh and processed meats, poultry, seafood, dairy products, or bakery products. b. Eggs in the shell. c. Fresh fruits and vegetables. (7) “Person” means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. “Person” does not include a government; governmental subdivision, agency, or instrumentality; or a public corporation. (8) “State agency” means any office, department, board, commission, committee, court, school district, board of education, or other instrumentality of the government of this State existing by virtue of an act of the General Assembly or of the Constitution of this State. (9) “Wild game” means any of the following that are legally taken under the laws of this State: a. Game animals under § 701 of Title 7. b. Game birds under § 702 of Title 7. c. Game fish under § 906 of Title 7. d. Shellfish under § 1901 of Title 7. 83 Del. Laws, c. 196, § 3 ; § 6822 Immunity of a person or gleaner from liability. (a) A person or gleaner who, in good faith, donates food for ultimate distribution without charge by a nonprofit organization or a state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person or gleaner. (b) A person who, in good faith, provides services related to the processing of wild game that is donated to a nonprofit organization or a state agency for ultimate distribution without charge by the nonprofit organization or the state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person. 83 Del. Laws, c. 196, § 3 ; § 6823 Immunity of a nonprofit organization from liability. A nonprofit organization that, in good faith, accepts donated food for ultimate distribution without charge is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the nonprofit organization. 83 Del. Laws, c. 196, § 3 ; § 6824 Authority of the Division of Public Health and the Department of Agriculture. This subchapter does not restrict or preempt the authority granted to the Division of Public Health or the Department of Agriculture by other law to inspect, regulate, or ban food. 83 Del. Laws, c. 196, § 3 ; 83 Del. Laws, c. 196, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6830 Person intervening to protect other persons from certain criminal acts exempt from liability. Any person who, in good faith, intervenes without compensation to protect other persons against any criminal act involving death, serious physical injury, robbery, burglary, kidnapping or sexual intercourse compelled by force or threat at the scene of said attempted criminal act, shall not be liable for any civil damages resulting from the rendering of such assistance, except acts or omissions amounting to gross negligence or willful or wanton misconduct. 63 Del. Laws, c. 444, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6835 Definitions. As used in this subchapter: (1) The term “compensation” does not include: a. Any gift; or b. Any reimbursement for any reasonable expense, incurred for the benefit of a nonprofit sports program. (2) The term “member of the qualified staff ” means any person who: a. Is a manager, coach, umpire or referee; b. An assistant to a manager, coach, umpire or referee; or c. Prepares any playing field for any practice session or any formal game. d. An officer or ride leader of a formally organized bicycle club. (3) The term “negligent act or omission” shall be defined in accordance with applicable State law, except that such meaning shall not include any reckless act or omission nor any grossly negligent act or omission. (4) The term “nonprofit sports program” means any program (whether or not it is registered with or recognized by the State or any political subdivision of the State): a. That is in a competitive sport formally recognized as a sport, on the date the cause of action to which this subchapter applies arises, by the Amateur Athletic Union or the National Collegiate Athletic Association, or is a formally organized noncompetitive recreational bicycle club whether recognized by the Amateur Athletic Union or the National Collegiate Athletic Association or not; and b. That is organized for recreational purposes and whose activities are substantially for such purposes; and c. No part of whose net earnings inures to the benefit of any private person. 65 Del. Laws, c. 258, §  1 ; 68 Del. Laws, c. 360, §§  1, 2 ; § 6836 Limitation on liability of nonprofit sports programs. (a) Uncompensated qualified staff. — Any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of such qualified member occurring in the performance of any duty of such qualified member to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists. (b) Sponsors and operators. — Any person who sponsors or operates a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program and occurring in the performance of any duty of such qualified member to the extent that said damages exceed either liability insurance coverage applicable to the negligent act or omission or minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists. 65 Del. Laws, c. 258, §  1 ; § 6837 Applicability. This subchapter shall apply to any cause of action arising after April 21, 1986. 65 Del. Laws, c. 258, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6840 Definitions. As used in this subchapter: (1) The term “civic organization” shall be defined as any nonprofit organization, which is the owner of parkland, or which has contracted with the State or a political subdivision thereof for the maintenance of parkland provided that: a. The organization is not organized for profit or is qualified as an exempt organization under § 501(c) of the Internal Revenue Code of 1954, as amended [26 U.S.C. § 501(c)]; b. No part of the net earnings of the organization inures to the benefit of any private shareholder or individual. (2) The term “member of a staff” means any person or entity which: a. Is a member, board member, director or officer of a civic organization; or b. Is an employee of a civic organization. (3) The term “negligent act or omission” shall be defined in accordance with applicable state law, except that such meaning shall not include any reckless act or omission or any grossly negligent act or omission. (4) The term “parkland” shall be defined as real property, including improvements erected thereon and fixtures attached thereto, used primarily for recreational purposes and owned by the State, a political subdivision or a civic organization; provided that: a. The property is not used by the civic organization or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor or bondholder of the organization or operator or any other person through the distribution of profits or the payment of excessive compensation; b. The property is used for recreational purposes and upon liquidation or dissolution of the organization, or abandonment by the organization, none of the assets of the organization or benefits from the property will inure to the benefit of anyone except a community chest, fund, foundation, government, governmental agency, civic association, maintenance corporation or other nonprofit organization; c. The use of the property is open, without charge, to the public members of the civic organization, or to the residents of the neighborhood, community or subdivision in which the property is located, regardless of sex, race, creed, color or national origin; d. The property does not have a swimming pool thereon. (5) The term “sponsor” means any person or entity which provides financial support to a civic organization through contributions, gifts or payment of dues. 66 Del. Laws, c. 169, §  1 ; § 6841 Limitation on liability of civic organizations maintaining parkland. (a) No civic organization, as defined in § 6840 of this title, shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. (b) No member of the staff of a civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists. (c) No sponsor of any civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists. 66 Del. Laws, c. 169, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6850 Smoke detectors. (a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor or retailer of a smoke detection device or battery. (b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage exists. 73 Del. Laws, c. 147, §  1 ; § 6851 Donations to volunteer fire department. (a) Liability protection. — A person who donates qualified fire control or rescue equipment to a volunteer fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation. (b) Exceptions. — Subsection (a) of this section does not apply to a person if: (1) The person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; (2) The person is the manufacturer of the qualified fire control or rescue equipment; or (3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications. (c) Definitions. — (1) “Authorized technician” means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of the fire control or fire rescue equipment. (2) “Fire control or rescue equipment” shall be understood to include any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus. (3) “Person” shall be understood to include any governmental or other entity. (4) “Qualified fire control or rescue equipment” shall mean fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications. (5) “Volunteer fire department” shall mean those volunteer fire departments which are subject to certification and regulation by the State Fire Prevention Commission. (d) Effective date. — This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a) of this section, is donated on or after May 27, 2010. 77 Del. Laws, c. 248, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 6860 Definition. For purposes of this subchapter, “secure gun storage or safety device” means as defined by 18 U.S.C. § 921. A “secure gun storage or safety device” includes cable locks, trigger locks, or gun safes. 85 Del. Laws, c. 149, § 1 ; § 6861 Distribution of secure gun storage or safety devices. (a) A tax-exempt nonprofit organization or a law-enforcement agency that distributes a new secure gun storage or safety device free of charge to an individual is not liable for civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance, or operation of the secure gun storage or safety device. (b) Subsection (a) of this section only applies where the tax-exempt nonprofit organization or the law-enforcement agency does all of the following: (1) Distributes the secure gun storage or safety device in its original packaging and unopened. (2) Provides to the recipient of the secure gun storage or safety device an information pamphlet about gun safety developed by a local or national gun safety organization or hospital. (c) Nothing in this section is intended to limit any liability on the part of a manufacturer, distributor, or retailer of the secure gun storage or safety device. 85 Del. Laws, c. 149, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }