Delaware Code
Chapter 71. CRIMINAL NUISANCE ABATEMENT
§ 7133. Civil action for damages resulting from criminal nuisance.

(a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, maintained, aided, abetted or permitted criminal nuisance as defined in this chapter.
(b) In a civil action for damages pursuant to this section, the failure of an owner or landlord to initiate an eviction action against a tenant in accordance with the provisions of Chapter 57 of Title 25, if the owner or landlord has been notified by certified or registered mail of the tenant's involvement in a criminal nuisance on the leased premises, shall be prima facie evidence that the owner knowingly gave permission to engage in conduct constituting the criminal nuisance.
(c) In a civil action for damages pursuant to this section, expert testimony may be used to determine the amount of any actual damage or loss incurred by reason of the criminal nuisance as defined in this chapter.
(d) Whenever an action for damages brought pursuant to this section terminated in a settlement or judgment favorable to the plaintiff, the plaintiff shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and all expenses and disbursements by the plaintiff in investigating, bringing and maintaining the action. All defendants shall be jointly and severally liable for the payments of taxed costs imposed pursuant to this section.
(e) In any civil action for damages brought pursuant to this section, any evidence admitted or admissible in a civil action for abatement relief or penalty pursuant to this chapter shall be admissible.

Structure Delaware Code

Delaware Code

Title 10 - Courts and Judicial Procedure

Chapter 71. CRIMINAL NUISANCE ABATEMENT

§ 7101. Short title.

§ 7102. Purpose; construction.

§ 7103. Definitions.

§ 7104. Maintaining a criminal nuisance.

§ 7105. Action to abate criminal nuisance.

§ 7106. Jurisdiction; complaint; notice of lis pendens.

§ 7107. Affirmative defenses.

§ 7108. Notice to interested parties.

§ 7110. Delay and dismissal of actions.

§ 7111. Temporary abatement hearing; order; procedure.

§ 7112. Enforcing ex parte and temporary abatement orders.

§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.

§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.

§ 7115. Lease void if building used for criminal nuisance.

§ 7118. Notification and provision of treatment resources.

§ 7119. Premises involving multiple residences or businesses.

§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.

§ 7122. Standard of proof.

§ 7123. Admissibility of evidence to prove criminal nuisance.

§ 7124. Relationship to criminal proceedings.

§ 7125. Release of premises upon inspection or repair.

§ 7126. Penalties.

§ 7127. Settlements.

§ 7128. Recovery of costs.

§ 7129. Contempt.

§ 7130. Cumulative remedies.

§ 7131. Liability for damage to closed properties.

§ 7132. Civil immunity.

§ 7133. Civil action for damages resulting from criminal nuisance.

§ 7134. Presumptions.