Individual States 

NEBRASKA

ASSUMPTION OF RISK

Assumption of risk completely bars recovery in both strict liability and negligence actions. Neb. Rev. Stat. §25-21,185.12 .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

In an action for wrongful death or personal injury, non-refundable medical reimbursement insurance benefits for medical care, custodial care, or rehabilitation services shall not be admissible, but may be deducted from judgment after subtracting premiums paid by or for the claimant. Neb. Rev. Stat. §44-2819 .

COMPARATIVE FAULT

A plaintiff's contributory negligence shall diminish proportionately to the amount awarded as damages for his or her injury arising from their negligence, but shall not bar recovery. However, if the plaintiff's contributory negligence is equal to or greater than the total negligence of all persons against whom recovery is sought, the plaintiff shall be totally barred from recovery. The jury shall be instructed on the effects of the allocation of negligence. Neb. Rev. Stat. §25-21,185.09 .

ECONOMIC LOSS

A purchaser of a product pursuant to a contract cannot recover economic losses from the seller manufacturer on claims in tort based on negligent manufacture or strict liability in the absence of physical harm to persons or property caused by the defective product. Notwithstanding, the doctrine of strict liability in tort may be used to recover damages to the defective product itself when the damages occurred as a result of a sudden, violent event. However, damages occurring as a result of an inherent defect that reduced the property's value without inflicting physical harm to the product are not recoverable. National Crane Corp. v. Ohio Steel Tube Co., 332 N.W.2d 39 (Neb.1983) .

JOINT & SEVERAL LIABILITY

In an action involving more than one defendant, when two or more defendants act as part of a common enterprise or plan to act in concert and cause harm, the liability of each such defendant for economic and non-economic damages shall be joint and several. In any other actions for economic damages, joint and several liability is applied, and for non-economic damages several liability only is applied. Neb. Rev. Stat. §25-21,185.10 .

A release, covenant not to sue, or similar agreement releases the party from all liability to the claimant. It does not release other persons liable, unless it so provides, but the claim against others is reduced. Neb. Rev. Stat. §25-21, 185.11 .

PUNITIVE DAMAGES

Punitive, vindictive, or exemplary damages are not allowed. Miller v. Kingsley, 230 N.W.2d 472 (Neb. 1975) .

RIGHT TO CONTRIBUTION

There is no absolute bar to contribution among negligent joint tortfeasors, and right to equitable contribution exists among judgment debtors jointly liable in tort for damages negligently caused. Royal Indem. Co. v. Aetna Cas. & Surety Co., 229 N.W.2d 183 (Neb. 1975) .

SPECIAL DEFENSES

No cause of action based on strict liability against a seller or lessor of product allegedly defective is allowed, unless they are also the manufacturer of the product or the defective part. Neb. Rev. Stat. §25-21,181 .

A manufacturer is not liable when product was altered after leaving manufacturer's possession. Erickson v. Monarch Indus., Inc., 347 N.W.2d 99 (1984) .

State of the art at the time first sold for use is a defense in a product liability action based on negligence or defect in design, testing, or labeling. Neb. Rev. Stat. §25-21,182 .

STATUTES OF LIMITATION

Products liability actions must be brought within four years after death, injury or damage complained of. Neb. Rev. Stat. §25-224(1) .

Wrongful death actions must be brought within two years. Neb. Rev. Stat. §30-810 .

STATUTES OF REPOSE

Products liability actions shall be commenced within ten years after the product was first sold or leased for use or consumption. For products manufactured outside of Nebraska, the applicable statue of repose applies limited to ten years, except that only a four year limitation applies if the state has no statute of repose. Neb. Rev. Stat. §25-224(2) .

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.