Contributory Negligence in Nebraska
State-specific overview · Tort Law
Nebraska uses comparative negligence; you recover unless your negligence equals or exceeds the defendant's.
How Nebraska treats Contributory Negligence
Nebraska follows a modified comparative negligence system where a plaintiff recovers damages reduced by their percentage of fault, provided the plaintiff's negligence does not equal or exceed the defendant's negligence. If you are 50% or more responsible for your injury, you cannot recover. Your damage award is always reduced by your own percentage of fault. This rule has applied in Nebraska negligence cases for decades.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.