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Nebraska law

Premises Liability Laws in Nebraska.

Nebraska premises liability follows a unified duty of reasonable care to invitees and licensees (Heins v. Webster County, 1996) — Nebraska abolished the traditional licensee/invitee distinction. Trespassers are still owed only a duty to avoid willful or wanton conduct. Nebraska's 50%-bar modified comparative fault applies. Nebraska has a Recreational Land Use Act granting immunity to landowners permitting free recreational access. Punitive damages are constitutionally barred.

Last verified: 2026-04-17

State law

Statute of Limitations

4 yearsNeb. Rev. Stat. § 25-207

4-year general personal injury statute applies.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)Neb. Rev. Stat. § 25-21,185.09

Plaintiff's fault reduces recovery. Plaintiff at 50% or more fault recovers nothing.

State law

Key Nebraska Statutes

Unified Duty to Lawful VisitorsHeins v. Webster County, 250 Neb. 750 (1996)

Nebraska Supreme Court abolished the traditional distinction between invitees and licensees. Landowners owe a duty of reasonable care to all lawful visitors, considering foreseeability of injury, purpose of the visit, time/manner/circumstances of entry, and the burden of inspecting/warning.

Duty to TrespassersNebraska common law

Trespassers are owed only a duty to avoid willful or wanton injury. An attractive-nuisance exception applies to trespassing children.

Recreational Liability ActNeb. Rev. Stat. § 37-729 et seq.

Landowners who permit free recreational use of their land owe no duty of care to keep the premises safe and are not liable absent willful or malicious conduct.

Dog BiteNeb. Rev. Stat. § 54-601

Dog owners are liable for all damages caused by their dog except for damage suffered by a trespasser or a person provoking the dog. This is a strict-liability statute (no one-bite rule).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nebraska.

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