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Nebraska law

Product Liability Laws in Nebraska.

Nebraska applies strict product liability for design, manufacturing, and warning defects. The product liability statute of limitations is 4 years with a 10-year statute of repose from first sale or lease — not tolled for minors. Nebraska has no specific product-liability damages cap (except for medical products under HMLA). Nebraska's constitutional punitive-damages prohibition applies. Nebraska uses the consumer-expectations test and risk-utility analysis for design defects.

Last verified: 2026-04-17

State law

Statute of Limitations

4 years; 10-year statute of reposeNeb. Rev. Stat. § 25-224

4-year statute from date of injury. 10-year statute of repose bars action more than 10 years after the product was first sold or leased. The statute of repose is NOT tolled for minors.

State law

Damage Caps

Compensatory Damages: No cap (general)

Nebraska does not cap compensatory damages in general product-liability cases.

Punitive Damages: Constitutionally prohibitedNeb. Const. art. VII, § 5

Punitive damages are constitutionally prohibited in Nebraska.

State law

Key Nebraska Statutes

Strict Product LiabilityNebraska common law (Restatement (Second) Torts § 402A)

Product sellers are liable if the product was in a defective condition unreasonably dangerous to the user or consumer. Defect types: design, manufacturing, warning.

Design Defect TestNebraska common law

Nebraska uses both consumer-expectations and risk-utility analyses for design-defect claims.

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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