Nebraska Dog Bite Law

How dog bite liability works in Nebraska

Nebraska's statute dates from 1877, and it has always been an owner's statute: it makes "the owner or owners" pay "any and all damages" from a bite¹. In Paulsen v. Courtney, 202 Neb. 791 (1979), the Supreme Court held that it "creates a cause of action based upon strict liability" and replaced the old rule that a victim had to prove the owner knew the dog was vicious².

Bites are the easy case. Injuries without a bite are harder. The statute also covers a dog "killing, wounding, injuring, worrying, or chasing" a person, but the Supreme Court reads those words to require aggressive conduct aimed at the victim^1,3. A playful dog that knocks someone over is outside the statute, even after the Legislature added the word "injuring" in 1992 (Underhill v. Hobelman, 2009)³. A herding dog that set off a cow that trampled a ranch worker was outside it too⁴. Those victims must prove negligence or that the owner knew of a dangerous habit.

Only the owner is strictly liable. A landlord is not (McCullough v. Bozarth, 1989), and a dog sitter or other keeper answers only in negligence (Van Kleek v. Farmers Ins. Exch., 2014)^7,6. A trespasser loses the statute but can still sue under the common-law rule (Guzman v. Barth, 1996)⁵.

Nebraska's four-year deadline is long for the region: neighboring Iowa, Kansas and Colorado allow two years, while Missouri allows five. Children get until their 21st birthday to start the clock^8,10. Compare every state in the national table.

The Nebraska dog bite statute

The owner of a dog is liable for any and all damages to a person, other than a trespasser, who is bitten by the dog¹. The owner is also liable when the dog kills, wounds, injures, worries or chases a person or a domestic animal¹. The Supreme Court limits that second part to intentional, aggressive acts: playful conduct does not count^3,4. Since 2009 a police or military agency is exempt toward a suspect when its officers followed a written dog-use policy and the dog was provoked or used reasonably in an arrest, a search, a warrant or to defend someone¹.

• Law: Neb. Rev. Stat. § 54-601 (Dogs; personal property; owner liable for damages; exceptions), enacted 1877; last changed 2009 (LB 347, police and military dog exemption); "injuring" added in 1992 (LB 1011)
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Public places, or lawfully on private property
• Who is liable: The owner
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Before § 54-601, Nebraska followed the scienter rule: an owner was liable only if the dog had a vicious propensity and the owner knew of it². That rule still governs claims the statute does not reach, such as a trespasser's claim⁵. Any keeper who has "possession or control of a dog" owes a duty of care to prevent unreasonable risks from the dog's foreseeable actions, so a sitter, relative or borrower can be sued in negligence⁶. Negligence is also the route for playful or indirect injuries that fall outside the statute^3,4. See the one-bite rule.

Defenses owners raise

Trespassing

The statute does not cover a trespasser¹. In Paulsen a 10-year-old who climbed the owners' fence was bitten; the jury was told to weigh trespass and provocation². A trespasser can still sue under the common law if the owner knew the dog was dangerous (Guzman v. Barth)⁵.

Provocation

No provocation defense is written into the statute, but the Supreme Court added one: "knowingly and intentionally provoking a dog will constitute a valid defense". Whether the provocation was knowing and intentional is a question for the jury².

Police dogs

A government agency is not liable under § 54-601 to a suspect or participant when its officers followed a written policy on police-dog use. The dog must also have been responding to harassment, or used with reasonable force in an arrest, a crime investigation, a warrant or to defend someone¹. See police dog bites.

Other defense

Playful or accidental contact is not covered. A dog that runs into someone or jumps on them without aggression is outside the statute (Underhill v. Hobelman), and so is harm the dog does not direct at the injured person (Smith v. Meyring Cattle Co.)^3,4.

Assumption of risk

In Paulsen the trial court refused to instruct on assumption of risk or contributory negligence; only provocation and trespass went to the jury². In a negligence claim against a keeper, the keeper's insurer may raise policy exclusions instead; in Van Kleek a dog sitter was herself an "insured" and lost coverage⁶.

Shared fault

Modified comparative fault (barred at 50%) (Neb. Rev. Stat. § 25-21,185.09).

In negligence cases, your share of fault reduces your award, and you recover nothing if your negligence is equal to or greater than that of all defendants combined¹¹. The scheme applies only to actions where contributory negligence is a defense¹². The Supreme Court has held that the Legislature "intended to exclude the defense of contributory negligence in strict liability actions"¹³. In the dog case Paulsen, the trial court refused a contributory-negligence instruction; only knowing provocation barred the claim². No appellate court has expressly applied the percentage reduction to a § 54-601 bite claim. With several defendants, each pays all economic damages jointly, but only its own share of noneconomic damages¹⁴.

How the five fault systems compare: provocation, trespass and shared fault.

Nebraska dog bite statute of limitations

4 years (Neb. Rev. Stat. § 25-207)

Tort claims must be filed within four years of the injury⁸. A claim on the statute itself is also a "liability created by statute", which has the same four years⁹. Claims against a city, county or other political subdivision need a written claim to the governing body within one year and a lawsuit within two years¹⁵. Claims against the state go to the Risk Manager within two years¹⁶.

Children. The clock does not run while the child is "within the age of twenty years"¹⁰. The Supreme Court reads that phrase as lasting until the 21st birthday, so a bitten child has until age 25 to sue the owner¹⁰. The tolling covers claims against cities and the state too¹⁰.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The owner owes "any and all damages" that result from the bite¹. That includes medical costs, lost earnings and earning capacity, and noneconomic losses such as pain, suffering, mental suffering and humiliation, all as defined in Nebraska's damages statute¹¹. Nebraska law sets no cap on these damages in a dog bite case. Punitive damages are not available at all: the Supreme Court holds they violate article VII, § 5 of the state constitution¹⁷. See dog bite settlements.

Landlords and property owners

A landlord is never strictly liable for a tenant's dog (McCullough v. Bozarth, 1989)⁷. A landlord is liable "only where the landlord had actual knowledge of the dangerous propensities of the dog" and still leased to the owner, or had the power under the lease to control the dog and failed to use it⁷. In that case the court affirmed summary judgment for the landlords: they denied knowing that the dog, or its breed, was dangerous, and the injured child's family offered no evidence to the contrary⁷. See landlord liability.

Insurance

No Nebraska statute limits insurers' use of breed, and the dangerous-dog law does not require liability insurance for a declared dog^23,24. Watch the "insured" definition: in Van Kleek a dog sitter bitten by the owners' dog was "legally responsible" for it, so the owners' homeowner policy excluded her claim⁶.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Playful dogs and the word "injuring"

Nebraska's statute has a quirk no neighbor shares. In 1975, in Donner v. Plymate, the Supreme Court held that the statute's list of acts (killing, wounding, worrying, chasing) reaches only a dog's "intentional, deliberate, and purposeful" acts, so playful or mischievous dogs fall outside it³. In 1992 the Legislature added "injuring" to the list after a woman whose hip was broken by a dog could not recover because a broken hip was not a "wound"³.

In Underhill v. Hobelman, 279 Neb. 30 (2009), a dog let off its leash ran full speed into a woman's knee; she needed surgery. A majority held that the 1992 amendment did not overrule Donner, and so no strict liability. Two dissenting justices would have read "injuring" by its plain words³. In 2019 the court went further: the element that the dog "be vicious or have dangerous propensities is implicitly part of the statute"⁴. Bites are unaffected: the statute covers them separately¹.

Bite reports and quarantine

Every dog that bites a person or breaks the skin must go through "post-incident management" under state health rules¹⁸. No statewide law requires the victim or a doctor to report the bite itself; rabies cases are reportable²⁰. Bites are reported to the local rabies control authority, which in Nebraska means city or county health and law enforcement officials¹⁹. In Lincoln, bites go to Animal Control, which handles bite prevention and rabies control for the city³².

A vaccinated dog is confined and observed by its owner for at least 10 days, as the rabies control authority requires, and is then examined by a veterinarian¹⁹. An unvaccinated or suspect dog is seized by the authority for at least 10 days¹⁹. A stray whose owner is not found within 72 hours is euthanized and tested. The dog may not be vaccinated during observation¹⁹.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Nebraska dangerous dog law.

Questions about Nebraska dog bite law

Is Nebraska a one-bite state?

No. Since 1877 a statute has made the owner liable for bite damages without proof that the dog had bitten before¹. The Supreme Court confirmed in 1979 that this is strict liability². The old one-bite rule survives only for claims outside the statute, such as a trespasser's⁵. See strict liability states.

A friend was watching my dog when it bit someone. Who is liable?

The statute makes the owner liable, whoever was holding the leash¹. The friend can also be sued for negligence, because anyone with possession or control of a dog owes a duty of care⁶. If the friend was the one bitten, the owner's homeowner policy may exclude the claim if it treats the sitter as an insured⁶.

The dog knocked me down but didn't bite. Can I still claim?

Not under the strict-liability part of the statute if the dog was playing: Nebraska's Supreme Court requires aggressive conduct directed at you^3,4. You can still sue for negligence, for example if the owner let the dog off leash where that was unsafe⁶.

My child was bitten. How long do we have?

The four-year deadline does not start until the child turns 21^8,10. The tolling belongs to the child; Nebraska courts have held that it does not extend a parent's own claim, such as for medical bills the parent paid¹⁰. See child dog bites.

Will the dog be put down after a bite in Nebraska?

Not automatically. A vaccinated dog is usually observed at home for 10 days¹⁹. A court may order a dangerous dog destroyed, and destruction is mandatory only after a repeat attack by the dog of an owner already convicted under the dangerous-dog law^26,29.

Can I get punitive damages against a careless owner?

No. Nebraska's constitution bars punitive damages in civil cases, so awards are limited to compensation¹⁷. The owner can still face criminal charges if a dangerous dog causes serious bodily injury²⁸.

Official contacts

Sources

1. Neb. Rev. Stat. § 54-601 (dog owner liable for damages), Nebraska Legislature. Checked 17 October 2026.
2. Paulsen v. Courtney, 202 Neb. 791, 277 N.W.2d 233 (1979), CourtListener (Free Law Project). Checked 17 October 2026.
3. Underhill v. Hobelman, 279 Neb. 30, 776 N.W.2d 786 (2009), CourtListener (Free Law Project). Checked 17 October 2026.
4. Smith v. Meyring Cattle Co., 302 Neb. 116, 921 N.W.2d 820 (2019), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
5. Guzman v. Barth, 250 Neb. 763, 552 N.W.2d 299 (1996), LSU Law Center (opinion text). Checked 17 October 2026.
6. Van Kleek v. Farmers Ins. Exch., 289 Neb. 730, 857 N.W.2d 297 (2014), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
7. McCullough v. Bozarth, 232 Neb. 714, 442 N.W.2d 201 (1989), CourtListener (Free Law Project). Checked 17 October 2026.
8. Neb. Rev. Stat. § 25-207 (four-year actions, with annotations), Nebraska Legislature. Checked 17 October 2026.
9. Neb. Rev. Stat. § 25-206 (liability created by statute), Nebraska Legislature. Checked 17 October 2026.
10. Neb. Rev. Stat. § 25-213 (tolling for minors), Nebraska Legislature. Checked 17 October 2026.
11. Neb. Rev. Stat. § 25-21,185.09 (comparative negligence), Nebraska Legislature. Checked 17 October 2026.
12. Neb. Rev. Stat. § 25-21,185.07 (scope of comparative negligence statutes), Nebraska Legislature. Checked 17 October 2026.
13. Shipler v. General Motors Corp., 271 Neb. 194, 710 N.W.2d 807 (2006), CourtListener (Free Law Project). Checked 17 October 2026.
14. Neb. Rev. Stat. § 25-21,185.10 (joint and several liability), Nebraska Legislature. Checked 17 October 2026.
15. Neb. Rev. Stat. § 13-919 (Political Subdivisions Tort Claims Act deadlines), Nebraska Legislature. Checked 17 October 2026.
16. Neb. Rev. Stat. § 81-8,227 (State Tort Claims Act deadline), Nebraska Legislature. Checked 17 October 2026.
17. Distinctive Printing & Packaging Co. v. Cox, 232 Neb. 846, 443 N.W.2d 566 (1989), CourtListener (Free Law Project). Checked 17 October 2026.
18. Neb. Rev. Stat. § 71-4406 (post-incident management of biting animals), Nebraska Legislature. Checked 17 October 2026.
19. 173 Neb. Admin. Code ch. 5, § 003 (rabies control), Nebraska DHHS, via Cornell LII. Checked 17 October 2026.
20. 173 Neb. Admin. Code ch. 1, § 008 (rabies reporting), Nebraska DHHS, via Cornell LII. Checked 17 October 2026.
21. Rabies, Nebraska Department of Health and Human Services. Checked 17 October 2026.
22. Neb. Rev. Stat. § 54-617 (dangerous dogs: definitions), Nebraska Legislature. Checked 17 October 2026.
23. Neb. Rev. Stat. § 54-618 (dangerous dogs: sterilization, microchip, leash, transport), Nebraska Legislature. Checked 17 October 2026.
24. Neb. Rev. Stat. § 54-619 (dangerous dogs: confinement and signs), Nebraska Legislature. Checked 17 October 2026.
25. Neb. Rev. Stat. § 54-620 (dangerous dogs: confiscation and costs), Nebraska Legislature. Checked 17 October 2026.
26. Neb. Rev. Stat. § 54-621 (dangerous dogs: disposal by court order), Nebraska Legislature. Checked 17 October 2026.
27. Neb. Rev. Stat. § 54-622 (dangerous dogs: penalty), Nebraska Legislature. Checked 17 October 2026.
28. Neb. Rev. Stat. § 54-622.01 (dangerous dog causing serious bodily injury), Nebraska Legislature. Checked 17 October 2026.
29. Neb. Rev. Stat. § 54-623 (dangerous dogs: effect of conviction), Nebraska Legislature. Checked 17 October 2026.
30. Neb. Rev. Stat. § 54-624 (dangerous dogs: local ordinances), Nebraska Legislature. Checked 17 October 2026.
31. Neb. Rev. Stat. § 28-109 (Criminal Code definitions), Nebraska Legislature. Checked 17 October 2026.
32. Animal Control, City of Lincoln, Lincoln-Lancaster County Health Department. Checked 17 October 2026.
33. Neb. Rev. Stat. § 54-623.01 (county animal control authority), Nebraska Legislature. Checked 17 October 2026.