Nebraska Tort Laws

In Nebraska, just like in the rest of the U.S., the legal field that handles wrongful acts resulting in damages to another person or property is referred to as tort law. Meanwhile, personal injury law is its subcategory that deals with intentional or negligent acts leading to physical and emotional harm.

Mass tort cases — another type of civil action under tort law — typically stem from several individuals suffering injuries from the same cause, which is usually medication or a defective product.

According to the National Safety Council, around 12.7 million individuals across the country in 2022 received emergency room treatment after being injured by a consumer product. This data shows why mass tort actions are important for protecting consumer rights and holding offending businesses accountable.

With that in mind, this article presents information on Nebraska’s pertinent laws, covering the difference between mass torts and class actions and the statutes of limitations for tort claims. Essentially, it aims to answer the most common questions of people involved in tort cases.

Basic Tort Categories in Nebraska

Negligent Torts

In negligent torts, individuals are held accountable for failing to uphold a reasonable standard of care toward another party. This standard, established by legal precedent and societal expectations, dictates that individuals must avoid actions that might cause harm to others.

For a negligent tort to succeed, the plaintiff must demonstrate four key elements:

• Duty of care: The defendant owed the plaintiff a legal duty to act with reasonable care in a specific circumstance. For instance, a doctor has a duty of care to their patient, while a driver owes a duty of care to other motorists on the road.

• Breach of duty: The defendant breached this duty by failing to act with the reasonable care expected in similar circumstances. This breach could involve an act of commission (such as a driver speeding) or an omission (such as a lifeguard failing to rescue a drowning swimmer).

• Causation: The plaintiff's injuries were caused by the defendant's breach of duty. This element requires establishing a clear and direct connection between the defendant's actions and the plaintiff's harm.

• Damages: The plaintiff incurred actual damages, such as injuries, pain and suffering, lost wages, or property loss, due to the defendant's breach.

Note that all four must be established for a successful claim; the absence of any element may render it invalid.

Intentional Torts

Intentional torts are wrongful acts done deliberately. Contrary to popular belief, malicious intent, anger, or a desire to harm are not prerequisites for an intentional tort to occur. Instead, it focuses on the defendant’s knowledge of their actions and their potential consequences.

The key elements of intentional torts are:

• Awareness of wrongfulness: The defendant must have known their conduct is unlawful. This element applies even if they harbored no desire to inflict harm.

• Substantial certainty of harm: The act must have been conducted with the knowledge that it was likely to cause injury to another person.

• Calculated act: The act must have been voluntary and deliberate, as opposed to accidental or mistaken behavior.

Consider the scenario of a person throwing a heavy object across a crowded room. Regardless of their intent to simply toss the object playfully, their knowledge of its potential consequences may render them liable for an intentional tort if someone is struck and harmed.

Strict Liability Torts

In contrast to negligent and intentional torts, strict liability torts hold individuals accountable regardless of their level of care or lack of intent to harm. These torts may arise from activities or products that are inherently dangerous. Some examples are laid out below:

• Ultrahazardous activities: These involve the use of potent forces or substances, such as explosives, poisons, or hazardous materials. For example, an individual storing high-pressure propane tanks on their property illegally could be held strictly liable for any resulting explosion or injury.

• Defective products: Products containing design flaws, manufacturing defects, or inadequate warnings can also fall under strict liability. A manufacturer releasing a product with a hidden wiring defect that causes a house fire may be held liable for property damage and injuries.

Other Tort Categories in Nebraska

Economic or business torts encompass a distinct category of legal wrongs in Nebraska. These offenses involve intentional or negligent conduct that inflicts financial harm on companies or individuals within a commercial setting. Examples include:

• Fraud: Intentional deception or misrepresentation to secure an unfair advantage in a business transaction.

• Trade libel or injurious falsehood: Publication of false or misleading statements about a competitor's business or product, resulting in declining sales or a damaged reputation.

• Misappropriation of trade secrets: Unauthorized use or disclosure of confidential business information for personal or competitive gain, causing financial loss to the rightful owner of the data.

• Tortious interference with business relationships or contracts: Malicious actions that disrupt or hinder another party's working relationship or contractual agreement, resulting in financial harm.

Overall, economic tort cases often involve complex matters like commercial dealings and financial records. As such, it is ideal to consult an attorney with specialized knowledge of Nebraska's tort laws and business regulations if dealing with an economic tort case.

Public and private nuisances are also covered by tort law. A public nuisance is an act that disturbs the morality, safety, and comfort of the public at large. One example is blocking a public road with one’s car for no reason and preventing other vehicles from passing through.

On the other hand, a private nuisance goes against a property owner’s right to enjoy their land in peace. This can arise from issues like excessive noise, too much light, foul odors, or pollution coming from one’s neighboring property.

Torts vs. Crimes in Nebraska

Tort and crime cases, while sometimes involving similar acts, have very different objectives and processes.

Tort cases focus on seeking compensation for civil wrongs, covering acts that negligently or intentionally harm individuals or property. These are resolved through civil litigation, in which successful plaintiffs receive damages for their losses. Conversely, criminal cases pursue punishment for violations of public law, with potential outcomes like jail time, fines, or probation.

Moreover, the defendant in a criminal proceeding has to be found guilty “beyond a reasonable doubt” before they can face punishment. This demonstrates a higher standard than in tort cases, where the defendant may be found guilty even if there are some reasonable doubts present.

This distinction reflects the priorities of each court system; civil cases seek compensation for harm, while criminal cases hold individuals accountable for breaking the law.

Mass Torts in Nebraska

The concept of mass torts, which emerged in the 1960s when a lawyer represented multiple victims of airplane accidents, has evolved into a significant part of tort law. These legal actions unite large groups of plaintiffs, often targeting corporations or businesses responsible for widespread harm and major losses. This rise has prompted some states, including Nebraska, to implement limitations on damages awarded in individual cases.

Mass torts cover situations where a single source, be it a defective product, an environmental hazard, or a medical device, impacts many people. Common examples include:

• Defective vehicles: Injuries caused by faulty car components or design flaws.

• Product recalls: Widespread recalls due to safety hazards or product malfunctions.

• Food and water contamination: Illness and health complications arising from contaminated food or water sources.

• Medical implants: Adverse effects or complications associated with implanted medical devices.

• Tobacco-related harm: Lung cancer and other health issues linked to tobacco use.

• Exposure to dangerous substances: Long-term health consequences of exposure to asbestos or other harmful materials.

In the face of potential liabilities, several businesses are proactively mitigating risks. They may initiate product recalls upon discovering hazards, offering opportunities for affected individuals to receive replacements or refunds. In these cases, public resources and dedicated listings often serve as channels for people to determine whether they have been impacted by product recalls or fall within the scope of a mass tort.

In line with this, mass tort attorneys play a crucial role in guiding individuals through the intricacies of collective legal action. In successful cases, victims may receive compensation for their sustained injuries. In some instances, their experiences may even contribute to or influence the development of state regulations that aim to prevent similar harm.

Mass Torts vs. Class Actions

While both legal mechanisms address harm faced by multiple individuals, choosing between mass torts and class actions hinges on the nature of the shared injury.

Mass torts cater to individualized experiences:

• Single source of harm: All claims stem from the same event, product, or incident.

• Varied injuries: Individual cases may differ in severity and evidence.

• Separate proceedings: Each plaintiff presents their unique case for potential personalized compensation.

On the other hand, class actions streamline identical claims through:

• Uniform harm: All members suffer the same harm from the same cause.

• Shared legal basis: Claims arise from the same legal violation.

• Centralized proceedings: One judge oversees the case for all members.

The Mass Tort Process

Pursuing fair compensation in mass tort cases can be a lengthy endeavor. Thus, understanding the critical stages of this legal process is crucial for favorable results.

Initial actions involve individual plaintiffs filing personal injury claims within the statute of limitations. If common legal and factual grounds emerge across these claims, the court may consolidate them through multi-district litigation. This can streamline proceedings and promote efficiency since the same court and the same judge will handle these cases.

Following consolidation, both parties enter the discovery phase, a period of information exchange critical for trial preparation. This includes identifying potential witnesses, gathering medical and legal evidence, and engaging with experts who can bolster the case.

In specific instances, bellwether trials may be conducted. These serve as test cases, offering insights into the potential outcomes of similar claims within the larger mass tort. The information obtained from these trials can inform settlement negotiations or trial strategies.

Plaintiffs in mass tort cases retain the flexibility to pursue settlement at any point, potentially offering resolution without enduring the uncertainties of trial. However, should negotiations fail, attorneys can proceed to trial, where a jury in federal court will ultimately determine damage awards.

Nebraska Tort Liability Insurance Requirements

While Nebraska mandates workers' compensation and auto liability insurance for certain businesses, commercial general liability insurance offers additional protection. This coverage shields businesses from financial liabilities arising from:

• Third-party bodily injury: Medical expenses, lost wages, and pain and suffering for guests or visitors who are injured due to business operations.

• Third-party property damage: Costs associated with damage to property belonging to individuals or organizations outside the business.

The absence of CGL insurance can expose businesses to significant financial hardship in the event of such incidents. Even minor mishaps can lead to substantial lawsuits and compensation demands, jeopardizing a company's economic stability.

As such, CGL insurance acts as a vital safety net for companies in Nebraska. This peace of mind can empower businesses and help them focus on their core operations.

Statutes of Limitations for Tort Cases in Nebraska

In Nebraska, navigating the legal timeframe for filing a tort claim can be complex, with deadlines depending on the nature of the harm. Most tort cases, including trespass and fraud, have a four-year statute of limitations. However, intentional torts, like assault, battery, and defamation, require action within one year. For mass torts, the process is even more complicated.

Note that the statute of limitations is not a rigid timer. In certain instances, there is a "discovery rule" that extends the timeframe for filing action if the harm caused is not immediately apparent. Moreover, in some cases, the countdown can be paused if the defendant is actively avoiding the proceedings or is out of state.

Understanding these legal nuances is crucial when pursuing a tort claim. Recognizing the importance of prompt action and seeking professional guidance when necessary can also help bring about a successful case.

How Much Can Someone Sue in a Tort Case in Nebraska?

How much a tort case is worth mainly depends on the damages incurred by the victim. Economic damages encompass quantifiable losses like medical bills and lost wages, while non-economic damages address the intangible impact of the injury, including pain and suffering.

However, do note that Nebraska law imposes damage caps in certain instances. In medical malpractice cases, both economic and non-economic damages cannot go beyond a particular amount. As of 2023, the cap stands at $2.25 million. This limit has increased over time, rising from $500,000 as set by the Nebraska Hospital Medical Liability Act.

Nebraska also employs a modified comparative negligence rule for tort cases. This means that if a plaintiff is partially responsible for their injury, their compensation will be reduced proportionally to their percentage of fault. For example, a plaintiff found 20% at fault would see their total award reduced by 20%.

Other Legal Remedies in Tort Cases in Nebraska

While monetary compensation is often the primary focus in tort cases, the legal system offers additional remedies that can provide valuable reparation for wronged parties. Two key examples are injunctions and specific restitution.

An injunction is a court order prohibiting a party from engaging in specific actions. This can be crucial when monetary damages alone are insufficient to prevent ongoing harm. Consider a land dispute where one party has fraudulently acquired property. In this case, an injunction can halt further land use until the court resolves the issue. This preserves the status quo until a final judgment is made.

Meanwhile, specific restitution orders the return of stolen or wrongfully acquired property to its rightful owner. This remedy is particularly relevant in cases involving tangible goods, such as stolen jewelry or unlawfully seized vehicles. Unlike monetary compensation, which awards financial equivalents, specific restitution aims to restore the injured party to their original position before the wrongful act occurred.

Resources for Tort Victims in Nebraska

Legal Aid of Nebraska

Legal Aid of Nebraska offers free or low-cost legal representation to eligible individuals and those facing complex legal issues. It also provides valuable self-help resources online and operates walk-in clinics where clients can receive brief consultations with attorneys to navigate the legal system. 

Nebraska Legislature

The Nebraska Legislature website is a valuable resource for individuals seeking information on current laws, statutes, and legislative activity within the state. This platform empowers plaintiffs, researchers, and the general public with access to a wealth of legal materials. While the site does not replace professional legal advice, it is a tool for self-help learning and informed decision-making.

Nebraska State Bar Association

The Nebraska State Bar Association provides legal services for low-income residents in the state. Its Volunteer Lawyers Project offers pro bono services through the assistance of the Legal Aid of Nebraska, connecting eligible individuals to lawyers who can represent them.