Nebraska Dog Bite Laws

Nebraska has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

Nebraska dog bite law at a glance

What Nebraska law says

• Neb. Rev. Stat. 54-601 covers bites and attacks on people who are not trespassing.
• It also covers dogs that kill, injure or chase livestock.
• Owners of different dogs that harm livestock together are jointly liable (54-602).

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in Nebraska

• A dangerous dog killed or injured a person requiring medical treatment, killed a domestic animal without provocation, or reoffended after a potentially dangerous finding (54-617).
• Owners must spay/neuter and microchip within 30 days, use a locked pen at least 10 feet from property lines or keep the dog indoors, post signs and leash it off the property (54-618, 54-619).
• Serious bodily injury is a Class I misdemeanor for a first offense and a Class IV felony after that (54-622.01).

Deadline to file a claim

Justia's 50-state survey lists 4 years as the general personal injury deadline (statute of limitations) in Nebraska. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in Nebraska leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: Nebraska dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes