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Nebraska

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

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
 

210 Neb. Admin. Code, Ch. 60, § 009
 


Garnishment

YES
(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

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