Understanding Nebraska's Dog Bite Law: Your Rights as a Victim

A dog can be man's best friend—but sometimes, even the friendliest of dogs can cause serious injuries. In Nebraska, the law provides protections for victims of dog bites and attacks, holding dog owners accountable for the actions of their pets. If you’ve been injured by a dog bite, it’s important to understand your rights under Nebraska Revised Statute 54-601and how the state’s strict liability laws can work in your favor.

Nebraska’s dog bite law is one of the most straightforward in the country, making it easier for victims to seek compensation. In this article, we’ll break down the essentials of Nebraska’s dog bite law, explain the legal process for pursuing a claim, and provide guidance on how to protect your rights after an attack.

The Basics of Nebraska’s Dog Bite Law

Under Nebraska Revised Statute 54-601, dog owners are strictly liable for any injuries or damages caused by their dog, with very few exceptions. This means that if a dog bites you and causes injury, the owner is responsible for compensating you—regardless of whether the dog has a history of aggression or if the owner had any prior knowledge of the dog’s dangerous tendencies.

Here’s what the law says:

1. Strict Liability: The owner of a dog is liable for any and all damages that result from their dog biting or attacking a person, except for trespassers.
2. No Need to Prove Negligence: Unlike some other personal injury claims, you don’t need to prove that the dog owner was negligent or that they knew their dog was dangerous. In most cases, the fact that the dog bit you is enough to hold the owner accountable.
3. Exceptions: Nebraska law provides some exceptions for certain situations. For example, dog owners may not be liable if the victim was trespassing or if the dog was performing police or military duties.

This means that Nebraska’s dog bite law works in favor of the victim, making it easier to recover compensation for medical bills, lost wages, emotional distress, and other damages.

Key Elements of Nebraska’s Dog Bite Law

Let’s break down some of the key elements of Nebraska Revised Statute 54-601 and what they mean for you as a dog bite victim.

1. Strict Liability for Dog Owners

Nebraska is a strict liability state when it comes to dog bites. This means that if a dog bites or injures you, the dog owner is automatically responsible for your damages—even if they had no idea the dog was capable of biting. You do not need to prove that the owner was negligent or that the dog had a history of aggression.

This is a huge benefit for dog bite victims because it simplifies the legal process. In many states, victims must prove that the dog had a dangerous history or that the owner failed to prevent the attack. In Nebraska, it’s as simple as proving that the dog bit you and caused harm.

2. Liability for Other Damages

Nebraska’s law also extends liability beyond just dog bites. If a dog causes other types of damage, such as chasing livestock or causing injuries to people by knocking them over, the owner can still be held liable. This means that even if the dog didn’t actually bite you, the owner may still be responsible for your injuries if their dog acted aggressively or carelessly.

3. Exceptions to Liability

While Nebraska’s dog bite law is favorable to victims, there are a few exceptions where the owner may not be held liable:

• Trespassers: If the person who was bitten was trespassing on the dog owner’s property, the owner is not automatically liable. However, this doesn’t mean that a trespasser has no legal recourse—it just means that the case may be more complex.
• Police or Military Dogs: If a dog is performing official duties for the police or military, the owner may not be held liable if the dog bites someone while carrying out those duties. This exemption only applies if the dog was used appropriately and in line with the agency’s policies.
• Provocation: If the dog was provoked—intentionally teased, harassed, or hurt—the owner may argue that the victim’s actions contributed to the attack, potentially reducing liability.

Steps to Take After a Dog Bite in Nebraska

If you’ve been bitten by a dog in Nebraska, it’s important to act quickly to protect your legal rights and ensure you have the best chance of recovering compensation. Here’s a step-by-step guide on what to do after a dog bite:

1. Seek Immediate Medical Attention

Dog bites can lead to serious infections and complications, so it’s important to seek medical attention right away—even if the injury seems minor. Make sure to document all medical visits, treatments, and costs, as these records will be crucial to your case.

2. Report the Incident

Report the dog bite to local authorities or animal control as soon as possible. They will create a record of the incident, which can help support your claim. Reporting the bite also ensures that the dog will be evaluated for rabies and other health concerns.

3. Document the Attack

Take photos of your injuries, the location where the attack occurred, and any damage caused by the dog. If there were any witnesses to the attack, gather their contact information. Eyewitness testimony can be invaluable in proving your case.

4. Identify the Dog and Owner

Make sure you know who owns the dog that bit you. If the dog was off-leash or running at large, try to get a description of the dog and any identifying information (such as collar tags or a picture of the dog). If the dog was roaming unsupervised, this could further strengthen your case.

5. Contact a Personal Injury Attorney

Dog bite cases in Nebraska are often straightforward because of the state’s strict liability law, but it’s still essential to have an experienced attorney by your side. An attorney can help you navigate the legal process, negotiate with insurance companies, and make sure you receive the compensation you’re entitled to.

What Damages Can You Recover After a Dog Bite?

Nebraska law allows dog bite victims to recover a wide range of damages, including:

• Medical Expenses: This includes hospital bills, doctor’s visits, medication, and any future medical treatment needed as a result of the injury.
• Lost Wages: If your injury causes you to miss work, you can seek compensation for lost wages and any future loss of income due to the injury.
• Pain and Suffering: Dog bites can be physically and emotionally traumatic. You may be entitled to compensation for the pain and suffering caused by the attack.
• Property Damage: If the dog also damaged your property during the attack (e.g., ripping clothing or knocking over items), you may be able to recover the cost of repairs or replacement.

In more severe cases, where the dog bite leads to permanent scarring, disfigurement, or long-term disability, victims may be entitled to additional compensation to cover the impact on their quality of life.

Why You Need a Dog Bite Attorney in Nebraska

Although Nebraska’s dog bite law is victim-friendly, navigating the legal system can still be overwhelming, especially when dealing with insurance companies that will try to minimize your claim. Hiring a skilled dog bite attorney ensures that you have someone advocating for your rights and maximizing your compensation.

An attorney can help you:

• Gather and present evidence that strengthens your case.
• Negotiate with the dog owner’s insurance company to ensure you receive fair compensation.
• File a lawsuit if the insurance company refuses to settle or offers an unfair amount.
• Ensure that all deadlines are met, so you don’t lose your chance to file a claim.

Conclusion: Your Rights as a Dog Bite Victim in Nebraska

In Nebraska, the law is clear—dog owners are strictly liable for injuries caused by their pets, and victims have the right to pursue compensation without needing to prove negligence. However, navigating the legal process can be complex, and having an experienced attorney on your side is essential to ensuring a successful outcome.

If you or a loved one has been bitten by a dog in Nebraska, Ironclad Injury Law is here to help. We specialize in handling dog bite cases and will work tirelessly to make sure you get the compensation you deserve. Contact us today for a free consultation, and let us fight for your rights.

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