Delaware2025Passed Legislature
SA1TOHB75
Amendment to House Bill No. 75 on Sexual Abuse Laws
Last scannedAug 24, 2026, 10:01 AM
In one sentence
This amendment defines terms for lawsuits about sexual abuse of minors, sets rules for suing employers or supervisors who were negligent, waives government immunity in these cases, limits money awards, and creates special proof requirements if the accused is dead.
What it does
- Defines 'person' to include businesses, trusts, partnerships, and government groups, but excludes most individuals unless they are sole proprietors.
- Allows victims to ask for money from an employer or supervisor only if that person owed a duty of care and was negligent (or grossly negligent for abuse before July 9, 2007).
- Removes legal protection called sovereign immunity so the State, counties, school districts, and their employees can be sued.
- Sets a maximum limit of $500,000 on non-medical damages that victims can receive from an alleged abuser or a liable employer, excluding health care costs and interest.
- Creates special rules for proving abuse if the accused person is dead or unable to defend themselves by requiring specific evidence like admissions or records.
Who it affects
- Victims who were sexually abused as minors
- Employers, schools, government agencies, and supervisors that hired or controlled the alleged abuser
- The State of Delaware, counties, school districts, and their employees
Limits and unknowns
- The bill was removed from the Senate on July 1, 2026, so it may not become law.
- No effective date is listed because the final status of the bill is unknown.
- Specific details about how courts will apply these new rules are not included in this text.
Plain language
Terms to know
- Sovereign immunity
- A legal rule that usually stops people from suing a government or its agencies; this amendment removes it for sexual abuse cases.
- Joint tortfeasors
- People who are legally responsible for the same harm and can share blame in court; this law says abusers and their employers do not count as joint tortfeasors.
- Gross negligence
- A very serious failure to take care that is worse than simple mistakes, required for abuse cases before July 9, 2007.
Official record
Sources
Official summary
This Amendment does all of the following: (1) Provides definitions of terms used throughout this Act, including a definition of “person” for use when describing the employer of the victim’s alleged abuser.