Dog bites are among the most common causes of personal injury claims in Nebraska. Each year, thousands of people are injured by dogs, and many of those injuries result in significant medical expenses, lost wages, and lasting physical and emotional harm. If you or a family member has been bitten or attacked by a dog in Nebraska, understanding the state's laws can help you decide whether you have a viable claim and what steps to take next.
Nebraska's Strict Liability Standard
Nebraska follows a strict liability rule for dog bite injuries, codified under Neb. Rev. Stat. § 54-601. Under this statute, a dog owner is liable for injuries caused by their dog biting a person, even if the owner had no prior knowledge that the dog was dangerous or had never bitten anyone before. This is a significant departure from the old "one bite rule" used in some states, which required proof that the owner knew of the dog's dangerous propensities before liability could attach.
Strict liability means that an injured victim does not need to prove that the owner was negligent or careless. The fact that the bite occurred is generally enough to establish liability, provided the injured person was in a public place or lawfully on private property at the time of the attack.
Who Is Considered Lawfully on the Property?
Nebraska's strict liability statute applies when the victim is lawfully present at the location of the attack. This includes:
The strict liability rule does not protect trespassers. If a person was on the owner's property without permission at the time of the bite, the owner may have a valid defense. However, even in trespasser situations, a separate negligence theory may still be available depending on the circumstances.
Comparative Fault in Dog Bite Cases
Nebraska is a modified comparative fault state, which means that even if the injured person bears some responsibility for the attack, they may still recover damages as long as their fault does not exceed 50 percent. For example, if a victim was taunting or provoking the dog before the attack, a court may assign a percentage of fault to the victim and reduce any damages award accordingly.
Even if you think you may have contributed to the situation in some way, you should not assume you have no legal recourse. A personal injury attorney can evaluate the full picture and advise whether a claim is worth pursuing.
Damages You May Be Entitled to Recover
Victims of dog bites in Nebraska may be entitled to compensation for a range of economic and non-economic losses, including:
Statute of Limitations for Dog Bite Claims
In Nebraska, personal injury claims generally must be filed within four years of the date of the injury under Neb. Rev. Stat. § 25-207. For claims involving minors, the limitations period may not begin to run until the child reaches the age of majority. Missing the filing deadline can permanently bar your right to compensation, so it is important to consult with an attorney as soon as possible after an attack.
What to Do After a Dog Bite
The actions you take immediately after a dog bite can significantly impact your ability to recover compensation. Seek medical attention right away, even if the wound appears minor. Dog bites carry a risk of infection and may require preventive treatment. Document the scene with photographs, gather the dog owner's contact and insurance information, and report the bite to local animal control. Keep all medical records and bills as evidence of your damages.
The attorneys at Horgan Law Firm have experience handling personal injury claims, including dog bite cases, throughout Nebraska. If you have been injured by a dog, we encourage you to contact us for a consultation to discuss your legal options.
