Nebraska

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (NEBRASKA)

Personal Injury - 4 yrs. [Neb.Rev.St. § 25-207]

Wrongful Death - 2 yrs. (after death) [Neb.Rev.St. § 30-810]

All Professional Malpractice Cases - 2 yrs. from act/omission or 1 yr. from discovery (if not discovered during 2-yr. period), but no later than 10 yrs. from rendering professional services [Neb.Rev.St. § 25-222]

Property Damage - 4 yrs. [Neb.Rev.St. § 25-207]

Written Contracts - 5 yrs. [Neb.Rev.St. § 25-205]

Oral Contracts - 4 yrs. [Neb.Rev.St. § 25-206]

Product Liability (including Breach of Warranty if Property Damage or Personal Injury) - 4 yrs. (discovery rule applies) [Neb.Rev.St. § 25-224; Thomas v. Countryside of Hastings, Inc. 524 N.W.2d 311 (Neb. 1994)]

Contract for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [Neb.Rev.St. U.C.C. § 25-224]

Actions on Improvements to Real Property- 4 yrs. from act/omission; but if not discovered during the 4-yr. period, then 2 yrs. from discovery (10-yr. statute of repose applies) [Neb.Rev.St. § 25-223]

 

For a limitations period to begin to run, it is not necessary that Plaintiff have knowledge of the exact nature or source of a problem, but only that a problem exists.  Plaintiff seeking to invoke the discovery clause to toll the statute of limitations must allege facts showing why the cause of action reasonably could not have been discovered during the limitations period.  [Nuss v. Alexander, 691 N.W.2d 94 (Neb. 2005)]

 

 

 

Statutes of Repose (NEBRASKA)

All Professional Malpractice Cases - 10 yrs. [Neb.Rev.St. § 25-222].

Products - 10 yrs. for products manufactured in NE (if not manufactured in NE, within the time allowed by the applicable statute of repose of the state where the product was made, but in no event less than 10 yrs.) [Neb.Rev.St. § 25-224]

Construction of Real Property - 10 yrs. [Neb.Rev.St. § 25-223]

 

 

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (NEBRASKA)

Against State - Suit within 2 yrs. (but no suit is allowed unless notice was given and the State made final disposition or 6 mos. have lapsed) [Neb.Rev.St. §§ 25-218; 81-8,227; 81-8,213]

Against Political Subdivisions (City, County, etc) - Claim mist be presented within 1 yr.;  2 yrs. to file suit [Neb.Rev.St. § 13-919]

 

 

 

Comparative Negligence (NEBRASKA)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [Neb.Rev.St. § 25-21,185.09]

 

Made Whole Doctrine (MWD) (NEBRASKA)

Recognized/applied.  Where Insurer seeks subrogation and Insured has not been made whole, equitable principles necessitate disallowing Insurer to assert its subrogation right; contractual subrogation provision entitling health Insurer to recover regardless of whether Insured received full compensation from settlement of tort claim was unenforceable [Blue Cross and Blue Shield of Nebraska, Inc. v. Dailey, 687 N.W.2d 689 (Neb. 2004)].   

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NEBRASKA)

Recognized/applied, with at least 2 potential exceptions.  First, the doctrine of strict liability in tort may be used to recover damages to defective product itself, where damage occurred as result of a sudden, violent event and not as a result of inherent defect that reduced property’s value [National Crane Corp. v. Ohio Steel Tube Co., 332 N.W.2d 39 (Neb. 1983)].  Second, ELD does not apply in cases involving an independent tort duty alleged to be breached, which is separate and distinct from the contractual duty [Lesiak v. Central Valley Ag Co-op., Inc., 808 N.W.2d 67 (Neb. 2012)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NEBRASKA)

No requirements.

 

 

 

Landlord/Tenant Subrogation (NEBRASKA)

No subrogation allowed.  “Sutton Rule” has been adopted and applies, absent an express agreement addressing reasonable expectations of tenants otherwise [Tri-Par Investments, L.L.C. v. Sousa, 680 N.W.2d 190 (Neb. 2004)].

 

 

 

Reimbursement of Deductible(s) (NEBRASKA)

Auto - Pro rata (must include in subro demand).  Property - No law available.

 

 

 

MedPay and PIP (NEBRASKA)

MedPay - Subrogation allowed. If Insured receives less than actual economic loss from all liable parties, MedPay subrogation is allowed only in the same proportion that the medical expenses bear to the total economic loss.  It is conclusively presumed that any settlement/judgment which is less than the applicable liability policy limits constitutes complete recovery of actual economic loss.  [Neb.Rev.St. § 44-3,128.01]

PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (NEBRASKA)

Parents are jointly and severally liable for willful and intentional acts ($1,000 limit if personal injury was involved) [Neb.Rev.St. § 43-801]

 

 

 

Joint Liability (NEBRASKA)

Joint and several liability for economic damages (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability).  Several liability for noneconomic damages (Plaintiff can recover from each Defendant only that Defendant’s share of liability).  Always joint and several liability if Defendants acted in concert.  [Neb.Rev.St. § 25-21,185.10]

 

 

 

Independent Cause of Action for Evidence Spoliation (NEBRASKA)

Not addressed/recognized.

 

 

 

Conflicts of Law (NEBRASKA)

Torts - Law of the state where the injury occurred determines the rights/liabilities, unless some other state has a more significant relationship to the occurrence/parties, in which event the law of the other state will be applied [Harper v. Silva, 399 N.W.2d 826 (Neb. 1987)].  Contracts - Presumption that the state where the services are to be performed is the state having the most significant relationship to the transaction; if another state has a more significant relationship then the law of that state will be applied [Mertz v. Pharmacists Mut. Ins. Co., 625 N.W.2d 197 (Neb. 2001)]