DE · jury_instructions

Del. P.J.I. Civ. § 5.4

No Presumption of Negligence

activein force · 2025-10-22 – presentcompiled-edition

NEGLIGENCE IS NEVER PRESUMED

Negligence is never presumed. It must be proved by a preponderance of the

evidence before [plaintiff’s name] is entitled to recover. No presumption that

[defendant’s name] was negligent arises from the mere fact that an accident

occurred.

Provenance

Source: courts.delaware.gov
Retrieved: 2026-09-23
Edition: civ-2025-10-22
Content hash: 55e2d05551b1024c816143b7b04f7731fff0e7ac1d40557ed4ea1607cbf647b8

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