Comparative Negligence in Nebraska
State-specific overview · Tort Law
Nebraska bars recovery if you are more than 50% at fault; this is a modified comparative negligence rule.
How Nebraska treats Comparative Negligence
Nebraska follows the 'not greater than' rule, meaning you cannot recover if your negligence equals or exceeds the defendant's negligence. If you are 50% or more at fault, you receive nothing. If you are 40% at fault and the defendant 60%, you recover 60% of your damages. This rule significantly limits recovery for plaintiffs who bear substantial responsibility for their injuries.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nebraska.