Late-Night Three-Car Crash on 13th and Leavenworth St in Omaha, NE

Nebraska law generally makes a dog owner strictly liable when the dog bites someone who was not trespassing. This means the injured person usually does not need to prove that the owner knew the dog was dangerous or had bitten someone before. This article explains Nebraska’s dog bite law, possible defenses, available damages, and the deadline for filing a claim. Nebraska's Strict Liability Dog Bite Statute Under Neb. Rev. Stat. § 54-601, dog owners may be held responsible when their dogs bite someone other than a trespasser. The injured person does not have to show that the dog had attacked before or that the owner knew it was dangerous. Unlike a negligence claim, a claim under this statute does not depend on proving that the owner acted carelessly. However, an owner may have a defense if the injured person was trespassing or intentionally provoked the dog. The statute also covers certain injuries that do not involve a bite. Subsection (1)(b) applies when a dog kills, wounds, injures, worries, or chases a person or domestic animal. In this context, “worries” generally means harasses. Nebraska courts have ruled that playful or mischievous behavior does not fall under the statute. Nebraska’s law differs from the “one-bite” rule followed in some states. Under that rule, an injured person may have to show that the owner knew the dog was dangerous. Nebraska generally does not require this proof. How Trespassing and Provocation Affect a Nebraska Dog Bite Claim Trespassing and intentional provocation are two defenses that may prevent recovery under Nebraska’s strict liability statute. A trespasser is not protected by the statute. However, Nebraska courts have ruled that a trespasser may still have a claim under common law, depending on the facts. A person may also be unable to recover under the statute if they intentionally provoked the dog and caused it to attack. Provocation is more than behavior that accidentally scares or startles an animal. For example, quickly approaching a dog or making a sudden movement may not amount to intentional provocation. A child who reaches out to pet an unfamiliar dog may also have a valid claim if the dog bites. Whether a young child was trespassing may be a question for a jury. The statute also includes an exception for government agencies and employees using dogs for military or police work. This exception may apply when the agency follows a written policy and reasonably uses the dog during an arrest, investigation, warrant execution, or defense of an officer or another person. Common Places for Dog Bites in the Omaha Area Dog bites can happen in homes, apartment buildings, parks, sidewalks, and other public spaces. Shared outdoor spaces can bring children, visitors, workers, and unfamiliar dogs into close contact. Homeowners or renters insurance may cover a dog bite claim. However, coverage depends on the policy, its exclusions, and the circumstances of the attack. Nebraska courts have ruled that strict liability under Neb. Rev. Stat. § 54-601 does not automatically extend to the owner of rental property where a tenant keeps the dog. The Nebraska Humane Society provides animal control and licensing services in Omaha and nearby communities, including Bellevue and Papillion. Its records may contain reports of earlier attacks or dangerous-dog designations. A dog does not need a history of biting for strict liability to apply. However, an earlier attack may support a separate negligence claim if the owner or keeper knew the dog was aggressive but failed to take reasonable safety measures. Injuries and Damages After a Dog Bite in Nebraska Dog bites can cause deep punctures, torn skin, infections, nerve damage, broken bones, and crush injuries. Some injuries may require stitches, surgery, or ongoing medical care. Children who are bitten on the face may need plastic surgery or treatment for permanent scars. A frightening attack may also cause anxiety, nightmares, or a lasting fear of dogs. When a bite happens on someone else’s property, an Omaha premises liability lawyer can examine whether a landlord, property owner, dog keeper, or another party had a legal duty to prevent the attack. Available damages may include medical expenses, lost income, future treatment, scar-revision surgery, pain and suffering, and emotional distress. Punitive damages are generally not available under Nebraska law. FAQ: Dog Bite Claims in Omaha and Nebraska Who pays for my medical bills after a dog bite in Nebraska? In most cases, the dog owner's homeowner's or renter's insurance provides coverage for dog bite liability. An attorney can identify the applicable policy and file a claim on your behalf. What if the dog's owner says I provoked their dog? Provocation is a legal question, not simply the owner's opinion. Under Nebraska case law, the defense applies where the injured person intentionally provoked the dog and caused it to attack. An attorney can evaluate whether the facts support that defense and how to respond to that argument. Is there a time limit to file a dog bite lawsuit in Nebraska? Nebraska's general personal injury statute of limitations is four years from the date of the bite under Neb. Rev. Stat. § 25-207. However, acting promptly helps preserve medical documentation and witness evidence. Can I pursue a claim if the dog was on a leash when it bit me? Yes. Nebraska's strict liability statute applies regardless of whether the dog was on a leash. The leash status may be relevant to the owner's negligence but does not eliminate strict liability under the statute. What if the dog bite happened to my child? Under Neb. Rev. Stat. § 25-213, a child generally has until four years after turning 21 to file a dog bite claim. However, this extended deadline applies only to the child’s claim. A parent’s separate claim for medical expenses must generally be filed within four years of the bite. Speak With a Dog Bite Attorney in Omaha, Nebraska If you or your child was bitten by a dog in Omaha, Bellevue, Papillion, or anywhere in Douglas County, contact Harris & Associates, P.C., L.L.O. at (402) 397-1202 for a free consultation with a personal injury attorney in Omaha who can evaluate your dog bite claim. Last reviewed: September 2026 This post was reviewed by James E. Harris, licensed in Nebraska since 1986. Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Nebraska attorney for guidance specific to your situation.