Sidewalk and Public Property Falls in Nebraska
Who is responsible for a fall on a broken sidewalk in Nebraska, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Under the Political Subdivisions Tort Claims Act, a local government cannot be sued over the general condition or lack of repair of a highway, bridge or other public thoroughfare. Neb. Rev. Stat. § 13-910(12)
| Sidewalk falls: who is responsible | Under the Political Subdivisions Tort Claims Act, a local government cannot be sued over the general condition or lack of repair of a highway, bridge or other public thoroughfare. It waives that immunity for a 'spot or localized defect' only if it had actual or constructive notice of the defect in time to repair it before the injury (or in a period covered by a notice it issued under § 39-1359). The statute does not separately name sidewalks or address liability of the owner of property next to a sidewalk. Source: Neb. Rev. Stat. § 13-910(12) |
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| Claims against a city or county | A claim against a city, county, school district or other political subdivision must be made in writing to its governing body within one year after the claim arises, filed with the clerk, secretary or other official who keeps its records (or its law department if the governing body so provides), stating the time and place of the incident and the known facts. A lawsuit must be filed within two years after the claim arises, extended to six months after the governing body mails notice of its final decision or after the claim is withdrawn. Recovery is capped at $1,000,000 per person and $5,000,000 for all claims from one occurrence. Claims against the State of Nebraska are handled under a separate act. Filing: https://nebraskalegislature.gov/laws/statutes.php?statute=13-905 ; cap: https://nebraskalegislature.gov/laws/statutes.php?statute=13-926 |
| Suing the government | Political subdivisions (cities, counties, school districts, etc.): a written claim must be made to the governing body within one year after the claim accrues, and suit must be filed within two years (extended six months after the governing body's final decision or withdrawal of the claim). The same claim requirement applies to suits against employees of a political subdivision. Recovery against political subdivisions is limited to $1,000,000 per person and $5,000,000 for all claims from a single occurrence. State: a tort claim must be made in writing to the State Risk Manager within two years after it accrues. Political subdivision cap: https://nebraskalegislature.gov/laws/statutes.php?statute=13-926 ; state claims: https://nebraskalegislature.gov/laws/statutes.php?statute=81-8,227 |
| Deadline to sue for an injury | Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Some claims have different periods under other sections (for example, professional negligence and wrongful death, two years). Source: Neb. Rev. Stat. § 25-207(3) |
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FAQ
Who is liable if you trip and fall on a sidewalk in Nebraska?
Under the Political Subdivisions Tort Claims Act, a local government cannot be sued over the general condition or lack of repair of a highway, bridge or other public thoroughfare. It waives that immunity for a 'spot or localized defect' only if it had actual or constructive notice of the defect in time to repair it before the injury (or in a period covered by a notice it issued under § 39-1359). The statute does not separately name sidewalks or address liability of the owner of property next to a sidewalk.
How long do you have to file a claim against a city or county in Nebraska?
A claim against a city, county, school district or other political subdivision must be made in writing to its governing body within one year after the claim arises, filed with the clerk, secretary or other official who keeps its records (or its law department if the governing body so provides), stating the time and place of the incident and the known facts. A lawsuit must be filed within two years after the claim arises, extended to six months after the governing body mails notice of its final decision or after the claim is withdrawn. Recovery is capped at $1,000,000 per person and $5,000,000 for all claims from one occurrence. Claims against the State of Nebraska are handled under a separate act.
How do you file an injury claim against the government in Nebraska?
Political subdivisions (cities, counties, school districts, etc.): a written claim must be made to the governing body within one year after the claim accrues, and suit must be filed within two years (extended six months after the governing body's final decision or withdrawal of the claim). The same claim requirement applies to suits against employees of a political subdivision. Recovery against political subdivisions is limited to $1,000,000 per person and $5,000,000 for all claims from a single occurrence. State: a tort claim must be made in writing to the State Risk Manager within two years after it accrues.
What is the statute of limitations for personal injury in Nebraska?
Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.