Nebraska's dog owner liability statute
Under Nebraska Revised Statutes section 54-601, the owner of a dog is liable for any and all damages to a person bitten by it, unless that person was a trespasser. You do not need to show the dog had bitten before or that the owner knew it might.
The law goes beyond bites. It also covers a dog killing, wounding, injuring, worrying or chasing a person. The court notes printed with the statute say the Legislature broadened it after a victim could not recover for a hip broken by a dog, because a fracture was not a wound.
There are limits. The same notes cite Smith v. Meyring Cattle Co., where the Nebraska Supreme Court held that playful or mischievous acts of a dog are not covered. A dog that bounds up happily and knocks you over may call for a negligence claim instead.
Who is not covered by the strict rule
Trespassers fall outside the statute. Even so, the annotations cite Guzman v. Barth, which says a trespasser keeps the ordinary common-law claim for a dog bite. When a child wanders into a yard, whether the child was a trespasser at all is a jury question under Kenney v. Barna and intent is part of that definition.
Police and military dogs have their own exception. Section 54-601 shields an agency following a written policy when its dog bites a suspect or someone taking part in the act that led to the dog's use. Bystanders are not named in that exception.
A landlord who rents to the dog's owner is not strictly liable under McCullough v. Bozarth. The notes add that a keeper who is not the owner can still be sued for negligence. See our guide on landlord liability.
Nebraska dog bite statute of limitations
Plan on four years. Section 25-207 gives four years for an injury to the rights of the plaintiff not arising on contract and not listed elsewhere.
Minors get a long pause. Section 25-213 says a person within the age of twenty years when the claim arose may sue within the usual period after that disability is removed. In practice, a bitten child's four years start at 21.
Provocation and shared fault in Nebraska
The big defense to a statutory claim is provocation. The annotations cite Paulsen v. Courtney: a person who intentionally provoked the dog and so caused the attack, cannot recover under section 54-601.
For negligence claims, section 25-21,185.09 bars you if your negligence is equal to or greater than that of everyone you sue. Below that line, your award shrinks by your share. In a product case, the court said this rule does not apply a plaintiff's negligence to a strict liability claim.
When to call a Nebraska dog bite lawyer
Move fast if a county or city owned or handled the dog. The Political Subdivisions Tort Claims Act, section 13-919, bars a claim unless it is made in writing to the governing body within one year. Suit must follow within two years, with some extensions.
A lawyer can also judge whether the dog's conduct fits the statute or calls for a negligence claim against a keeper.
How to report a dog bite in Nebraska
Report the bite to your local animal control or health department. The Nebraska DHHS, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the Nebraska Judicial Branch attorney search.
