Certain hazards such as surface and subsurface conditions; d. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability; (7) "Participant" means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.(b) Except as provided in subsection (c) of this section, an equine activity sponsor, an equine professional or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current. When a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a subsisting demand, the action may be commenced at any time within 6 years from the accruing of such cause of action. Code 1852, § 2746; Code 1915, § 4676; Code 1935, § 5134; 46 Del. If the claim was filed within the proper time with the executor or administrator the defense of the statute of limitations shall not avail to such executor or administrator if he or she subsequently rejects the claim and action is commenced thereon within 3 months after the executor or administrator has notified the claimant of such rejection as provided by § 2102 of Title 12. (d) The immunity granted in subsection (b) of this section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct. (b) In an action involving public petition and participation, damages may only be recovered if the plaintiff, in addition to all other necessary elements, shall have established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, where the truth or falsity of such communication is material to the cause of action at issue. 391, § 1.; § 8137 Standards for motion to dismiss and summary judgment in certain cases involving public petition and participation. No action to recover damages for waste shall be brought after the expiration of 3 years from the committing of the waste. In all actions or claims against an executor or administrator of a decedent's estate, if the time within which the action could have been brought had not expired in the lifetime of the decedent, then the period of limitations provided for in this chapter shall be extended for a period of 6 months from the date of the decedent's death. (c) Notwithstanding those provisions of subsection (b) of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances. (4) "Public applicant or permittee" shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate or other entitlement for use or permission to act from any government body, or any person with an interest, connection or affiliation with such person that is materially related to such application or permission. No action to recover damages for wrongful death or for injury to personal property shall be brought after the expiration of 2 years from the accruing of the cause of such action. Code 1852, § 2745; Code 1915, § 4674; Code 1935, § 5132; 10 Del. 1953, § 8109.; § 8111 Work, labor or personal services. The court shall grant preference in the hearing of such motion. (a) A defendant in an action involving public petition and participation, as defined in § 8136 of this title, may maintain an action, claim, cross-claim or counter-claim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action; provided that: (1) Costs, attorney's fees and other compensatory damages may be recovered upon a demonstration that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification or reversal of existing law; and (2) Punitive damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing or otherwise maliciously inhibiting the free exercise of speech, petition or association rights. 353, § 1.; § 8107 Actions subject to 2-year limitation. The plaintiff shall not be debarred from recovering mesne profits for 3 years next preceding the commencement of the ejectment. (b) A motion for summary judgment in which the moving party has demonstrated that the action, claim, cross-claim or counterclaim subject to the action is an action involving public petition and participation as defined in § 8136 of this title shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in fact and law or is supported by a substantial argument for an extension, modification or reversal of existing law. 391, § 1.; § 8138 Recovery of damages in actions involving public petition and participation. (c) Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by law. (a) No civil action for the recovery of damages for a cause of action, as specified in subsection (b) of this section, shall be brought by or on behalf of any person who has: (1) Been convicted for any felony class A, B, C, D or E except §§ 503, 876, 932 through 936, 1109, 1223, 1352, 1361, 1442, 1448, 1455, 14 of Title 11; (2) Been convicted of § 629, § 630, § 768, § 769, § 782, § 801, § 824, § 1252, § 1302, or § 1312A of Title 11; or (3) Not been convicted for any predicate felony listed in paragraph (a)(1) or (2) of this section, but has displayed conduct that but for the person's death or incapacity he or she would have been convicted of such a felony. (a) For purposes of this section, the following terms shall have the meaning ascribed herein: (1)a.
(4) "Medical or dental clinic" is any facility other than a hospital or doctor's or dentist's office which offers medical or dental services, which is run by a nonprofit entity under § 501(c)(3) of the Internal Revenue Code [26 U. (5) "Volunteer" is any licensed physician or nurse or licensed dentist or dental hygienist engaged in an activity for a medical or dental clinic without compensation. (2) "Communication" shall mean any statement, claim or allegation in a proceeding, decision, protest, writing, argument, contention or other expression. No action shall be brought upon any bond given to the president, directors and company of any bank, or to any corporation, by any officer of such bank or corporation, with condition for the officer's good behavior, or for the faithful discharge of the duties of the officer's station, or touching the execution of the officer's office, against either the principal or sureties, after the expiration of 2 years from the accruing of the cause of such action. Code 1852, § 2749; Code 1915, § 4678; Code 1935, § 5136; 10 Del. 1953, § 8114.; § 8116 Savings for infants or persons under disability. The date when an improvement has been accepted, as provided in the contract, by the owner or occupant thereof following the commencement of such construction; h. 568, § 1.; § 8128 Health care malpractice action limitations. (b) A charitable organization which receives, prepares and serves to the needy public free food which appears to be fit for human consumption at the time it is served shall not be liable for damages in any civil action or subject to criminal prosecution for any illness, injury or death due to the condition of such food unless the condition is a direct result of the gross negligence, recklessness or intentional misconduct of employees of the organization. (a) Notwithstanding any other provision to the contrary, the time limitation for an action to recover damages for wrongful death or for personal injuries suffered by a member or former member of the armed forces of the United States, who served as a member of the armed forces of the United States in Indochina between January 1, 1962, and May 7, 1975, inclusive, due to exposure to phenoxy herbicides, including but not limited to exposure to substances known as Agent Orange, Agent Blue, Agent White and chemical components known as 2, 4-D; 2, 4, 5-T; TCDD; Picloran and cacodylic acid, shall not expire until 2 years has elapsed from the date that said person has been told by a licensed physician (whether in Delaware or otherwise) that the injuries or death may be related, in whole or in part, to exposure to phenoxy herbicides. (b) No volunteer of an organization shall be subject to suit directly, derivatively or by way of contribution for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of such organization. (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. No civil action for a forfeiture upon a penal statute, whether at the suit of the party aggrieved, or of a common informer, or of the State, or otherwise, shall be brought after the expiration of 1 year from the accruing of the cause of such action. The date when the construction of such an improvement as called for by the contract has been substantially completed; g. No action shall be brought by the State for the collection of inheritance taxes and estate taxes upon the estate of any decedent after the expiration of 20 years from the decedent's date of death. (a) Any person, business or institution who makes a good faith donation of prepared or left-over perishable food which appears to be fit for human consumption at the time it is donated to a charitable organization serving free meals to the needy public shall not be liable for damages in any civil action or subject to criminal prosecution for any illness, injury or death due to the condition of such food. 216, § 1.; § 8131 Limitation for Indochina herbicide exposure. (3) "Employee" is any person who receives compensation from an organization or a third party for services rendered in connection with an activity of such organization. Any not-for-profit organization exempt from federal income tax under § 501(c) of the Internal Revenue Code (26 U. Any governmental entity, including the United States, the State and any board, commission, division, office, task force or other agency of the State or the United States, exempt from federal income tax under § 115 of the Internal Revenue Code (26 U. (5) "Volunteer" is any trustee, ex officio trustee, director, officer, agent or worker who is engaged in an activity without compensation. (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. 467.; § 8127 Alleged deficiencies in the construction of improvements to real property.The unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons or other animals; c.