Statute of Limitations
Delaware has a 2-year statute of limitations for personal injury claims, but discovery rule arguments are critical in PFAS cases given the delayed disclosure of contamination.
2 years from discovery of injury and PFAS connection
Where to File in Delaware
Delaware personal injury claims are governed by 10 Del. C. § 8119, providing a 2-year limitations period. Federal PFAS claims proceed in MDL 2873 (D.S.C.). Dover Air Force Base in Kent County has documented PFAS contamination in groundwater and on-base water systems. Delaware is also the state of incorporation of DuPont and Chemours, which are defendants in PFAS litigation and have legacy chemical manufacturing operations in the state. The Brandywine Creek watershed has been tested for PFAS from industrial sources.
Exposure in Delaware
Source: DoD PFAS Installation Database; DNREC Delaware Environmental Reports 2022