2018 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 81. PERSONAL ACTIONS
§ 8134. Limitation on liability of third parties rendering assistance in oil or hazardous material discharge cleanup.
(a) The provisions of any law, rule or regulation to the contrary notwithstanding, the liability of any person rendering care, assistance or advice to prevent, minimize or mitigate oil or hazardous material discharge for any removal costs and damage caused by, or related to, such care, assistance or advice shall be limited to acts or omissions of such person which can be shown to have been the result of gross negligence, or reckless, wilful, wanton and/or intentional acts of misconduct on the part of such person.
(b) The limit of liability as set forth in subsection (a) of this section shall not apply to the actions of any person responsible for the initial discharge.
(c) Any person responsible for the initial discharge is liable for any removal costs and damages that another person is relieved of under subsection (a) of this section.
(d) This section shall not be construed to limit any liability of any person for personal injuries or wrongful death as a result of the acts or omissions of such person.
68 Del. Laws, c. 5, ยง 1.
