NEBRASKA

Statute Of Repose

Construction:: 10 Years for actions for breach of warranty for provement to real property. Neb. Rev. Stat. § 25-223.

Products: 10 Years from manufacture date. If not, foreign state’s repose applies, but not less than 10 Years. Neb. Rev. Stat. § 25-224(2).

Negligence / Personal Injury
4 Years The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Neb. Rev. Stat. § 25-207
Toxic Tort
4 Years The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Neb. Rev. Stat. § 25-207
Wrongful Death
2 Years

Every such action, as described in section 30-809, shall be commenced within two years after the death of such person. It shall be brought by and in the name of the person's personal representative for the exclusive benefit of the widow or widower and next of kin. The verdict or judgment should be for the amount of damages which the persons in whose behalf the action is brought have sustained. Neb. Rev. Stat. § 30-810

Medical Malpractice
2 Years The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute. Neb. Rev. Stat. § 25-208
Patient brought medical malpractice action against physician. Physician demurred on ground that action was time barred. The District Court, Buffalo County, DeWayne Wolf, J., sustained demurrer. Patient appealed. The Supreme Court, Caporale, J., held that either two-year medical malpractice statute of limitations or two-year professional negligence statute of limitations applied. Olsen v. Richards 232 Neb. 298, 440 N.W.2d 463 Neb.,1989 May 26, 1989
Products Liability
4 Years

(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. Neb. Rev. Stat. § 25-224

Discovery:

Neb. Rev. Stat. § 25-224(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. Under Nebraska law, causes of action of consumer of prescription drug against drug manufacturer designated as negligence, strict liability and warranty were in the nature of product liability actions, and thus were barred by ten-year product liability statute of limitations and repose. Neb.Rev.St. § 25–224.

The statute of limitations begins when the person bringing the cause of action discovers, or reasonably should have discovered the existence of the injury or damage. 

Statute of Repose - (2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:
(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or
(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section. Neb. Rev. Stat. § 25-224

Fraud
4 Years The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Neb. Rev. Stat. § 25-207

Drug manufacturer was not equitably estopped from raising statute of limitations bar to prescription drug consumer's fraud cause of action, alleging that manufacturer fraudulently concealed information which would have warned members of the medical profession or lay public, including consumer, that ingestion of drug would cause kidney damage to user thereof, where consumer did not learn of any kidney injury until more than ten years after first ingesting drug and more than 28 years after drug was first marketed, so that applicable ten-year statute of repose had already extinguished any cause of action which consumer might have had, and consumer's fraud cause of action was unsupported in the record. Neb.Rev.St. § 25–224. Groth v. Sandoz, Inc. 601 F.Supp. 453 D.C.Neb.,1984. December 26, 1984
Municipal Liability/Sovereign Immunity
2 Years for actions against state. Claim must be filed within 2 years with State Claims Board; action must be filed within 6 months of final disposition by Board.
Discovery Rule
SOL runs from time injury is, or should have been, discovered. See specific rule for medical malpractice.
Comparative Negligence
Applies.
Charitable Immunity
Waived.
Disabilities
For infancy (20th birthday), incompetence, or insanity, SOL runs after removal of disability.
Punitive Damages
Generally not allowed.
Consumer Fraud Complaint

Nebraska Department of Justice, Consumer Protection Division
http://ago.nebraska.gov/consumer_protection

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