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Nebraska Negligence Laws

The vast majority of injury lawsuits are based on the legal theory of negligence. To be negligent is to do something (or not do something) that a "reasonable person" wouldn't (or would) do, causing injury to the person who was owed a duty.

Motorists, for example, have a duty to remain sober when they drive. When motorists drive drunk and cause an accident which results in another's injuries, then they are negligent and likely will be found liable for the other person's injuries. If you are found liable for someone's injuries, it means you must pay monetary damages for medical costs, lost wages, ongoing care, or even emotional distress.

This article provides a general overview of negligence laws in the state of Nebraska.

Nebraska Negligence Laws: At a Glance

States adhere to virtually the same definition and elements of negligence, although they sometimes differ in how contributory negligence affects recovery. In Nebraska, for instance, a plaintiff who is equally or more negligent than all defendants may not recover any damages.

Additional details about how Nebraska handles negligence claims are listed in the following chart. See FindLaw's Negligence section for more articles.

Code Section

§ 185.07 et seq. of the Nebraska Revised Statutes

Modified Comparative Negligence

Plaintiff's award diminishes proportionally with negligence, but negligence equal to or greater than the defendant's is a total bar to recovery

Contributory Negligence — Limit to Plaintiff's Recovery


Contribution Among Tortfeasors

Where tortfeasors work in concert to commit an act/tort, there is joint and several liability for economic and non-economic damages. For all other actions, the tortfeasors are jointly and severally liable for economic damages but not for non-economic damages. Tortfeasors are only responsible for their portion of the responsibility for non-economic damages

Uniform Act


Note: State laws are subject to change at any time (sometimes without notice) through the enactment of newly signed legislation, decisions from higher courts, and other means. While we strive to ensure the accuracy of these pages, you may also want to contact a Nebraska personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Nebraska Negligence Law: Related Resources

Filing a Negligence Claim in Nebraska? An Attorney Can Help

If you've been injured or had property damaged and it appears as though someone else was at fault, you may be entitled to compensation under Nebraska negligence laws. However, there are many factors at play as well as important deadlines that could prevent you from any recovery.

That's why it's important to speak with a Nebraska personal injury lawyer as soon as possible.

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