(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.
(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.
(c) Any person responsible for the initial discharge is liable for any removal costs and damages that another person is relieved of under subsection (a) of this section.
(d) This section shall not be construed to limit any liability of any person for personal injuries or wrongful death as a result of the acts or omissions of such person.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
§ 8101. Sheriff's recognizance or administration bond.
§ 8103. Recognizance in Chancery Court.
§ 8106. Actions subject to 3-year limitation.
§ 8107. Actions subject to 2-year limitation.
§ 8108. Mutual running accounts.
§ 8110. Mesne profits after ejectment.
§ 8111. Work, labor or personal services.
§ 8113. Actions against decedent's estate.
§ 8114. Corporate officers' bonds.
§ 8115. Forfeiture under penal statute.
§ 8116. Savings for infants or persons under disability.
§ 8117. Defendant's absence from State.
§ 8121. Cause of action arising outside State.
§ 8122. Marking and bounding lands.
§ 8123. Forcible entry and detainer.
§ 8124. Notice of claim against City of Wilmington.
§ 8125. Valuation and assessment of property.
§ 8126. County and municipality zoning and planning actions.
§ 8127. Alleged deficiencies in the construction of improvements to real property.
§ 8128. Health care malpractice action limitations.
§ 8129. Inheritance and estate taxes.
§ 8131. Limitation for Indochina herbicide exposure.
§ 8132. Comparative negligence.
§ 8133. Limitation from civil liability for certain nonprofit organization volunteers.
§ 8135. Limitation from civil liability for certain volunteers.
§ 8136. Actions involving public petition and participation.
§ 8138. Recovery of damages in actions involving public petition and participation.
§ 8139. Limitation on civil actions by criminal defendants.
§ 8140. Liability of persons involved in equine activities.
§ 8141. Limitation on agricultural operations nuisance suits.
§ 8142. Limitations on shooting range and hunting operations nuisance suits.
§ 8143. Limitations on civil actions for recovery for shoplifting.
§ 8145. Civil suits for damages based upon sexual abuse of a minor by an adult.