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Negligence Doctrine: Modified Comparative Negligence – 50 Percent Bar

Circuit # 8

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 5 years
Personal Property 4 years
Personal Injury 4 years
Wrongful Death 2 years
Medical Malpractice 1 or 2 years
Warranty 4 years


Sue Owner for Negligence - NO

Suspend Owner's License - YES

Deductible Reimbursement

Pro Rata State

210 Neb. Admin. Code, Ch. 60, § 009


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Although Nebraska allows wage garnishment, it rejects the Federal exemptions: 1. Proceeds or interest from payments or settlements under the Worker’s Compensation Act, except for attorney’s fees approved in writing by district court and 2. Fraternal insurance benefits and 3. Certain wages; all proceeds, cash values and benefits accruing under any annuity contract, policy or certificate or life insurance payable upon death of insured to beneficiary other than estate of insured, or under any accident or health insurance policy, to the extent of $10,000.00

Parental Responsibility

Minor (Under 19)
Dollar Limit on Parents’ Liability: $1,000
Willful or intentional damage to person or property

Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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