Plattsmouth, NE – Two-Vehicle Crash on Hwy 75 & 1st Ave

When a product injures someone not because of how it was used, but because something was wrong with the product itself, Nebraska law holds manufacturers, distributors, and sellers accountable through product liability law. An Omaha product liability lawyer can evaluate your claim, identify the responsible parties, and help you pursue compensation for what the defective product cost you. Harris & Associates, P.C., L.L.O. represents injury victims in Omaha and throughout Nebraska. The Three Types of Product Defects Under Nebraska Law Nebraska product liability law recognizes three distinct categories of product defect, each arising at a different point in the product's lifecycle and requiring different evidence to establish. A manufacturing defect occurs when a specific unit of a product departs from its intended design during the production process. The design may be perfectly safe, but an error in manufacturing caused this particular product to be dangerous. Examples in the Nebraska context include a vehicle component that was not properly welded at the factory, a piece of agricultural machinery with a fastener that was not correctly installed, or a consumer product that was assembled with a faulty part. A design defect exists when the entire product line is inherently unsafe, even when manufactured exactly as intended. The danger lies in the fundamental design choice. Nebraska courts assess design defects by asking whether a reasonable alternative design existed that would have reduced the risk of harm without substantially impairing the product's utility or making it prohibitively expensive to produce. A warning defect, sometimes called a failure-to-warn claim, arises when a product carries risks that the ordinary consumer would not know about, and the manufacturer failed to provide adequate instructions or warnings. Products sold through Omaha's distribution networks and the Nebraska agricultural machinery market regularly give rise to warning defect claims when complex equipment is used without adequate safety instructions. Who Can Be Held Liable in a Nebraska Product Defect Case The chain of distribution for a defective product can be long, and Nebraska law allows injured consumers to pursue claims against multiple parties within that chain. The manufacturer of the finished product is the most obvious defendant, but component part manufacturers, distributors, wholesalers, and retail sellers may all bear liability depending on the facts and their role in placing the defective product in the stream of commerce. This matters practically in Nebraska because many products are manufactured outside the state and sold through Omaha-area retailers or agricultural equipment dealers. Under Nebraska law, out-of-state manufacturers whose products are sold and used in Nebraska may be subject to jurisdiction in Nebraska courts. An Omaha product liability lawyer can identify every party in the distribution chain and assess which ones bear legal responsibility. Strict Liability vs. Negligence in Nebraska Product Cases Nebraska courts recognize product liability claims under both strict liability and negligence theories. Under a strict liability approach in manufacturing defect cases, the injured person may establish liability by showing that the product deviated from its intended design and that deviation caused the injury, without necessarily proving that the manufacturer was careless in any particular way. A negligence approach, which is more commonly applicable to design defect and failure-to-warn claims, requires showing that the manufacturer failed to exercise reasonable care in designing the product or in providing adequate warnings. Strict liability is a powerful tool for injured consumers because it shifts focus from the manufacturer's conduct to the condition of the product itself. An attorney familiar with Nebraska product liability law can advise which theory, or combination of theories, applies to your case. The Role of Nebraska's Comparative Negligence in Product Liability Nebraska applies its modified comparative negligence standard to product liability claims under Neb. Rev. Stat. § 25-21,185.09. If the injured person's own actions contributed to the injury, their compensation is reduced in proportion to their fault. If their fault reaches 50% or more, recovery is barred. Product manufacturers routinely argue that the injured person misused the product, ignored warnings, or used it for a purpose it was not designed for. These arguments are designed to assign fault percentages to the injured consumer. The strength of the product's written warnings, the foreseeability of the use, and the specific conduct of the injured person all affect how these fault arguments play out in a Nebraska court, including the Douglas County District Court for Omaha-area cases. Gathering Evidence in a Product Liability Case The product itself is the most important piece of evidence. If you were injured by a defective product, preserve it exactly as it is. Do not repair it, alter it, or dispose of it. Photographs of the product and the injury scene should be taken immediately. Any packaging, manuals, warranty cards, or marketing materials that came with the product should also be retained. Your attorney can arrange for an independent engineering specialist to inspect and analyze the product for defects. In cases involving agricultural machinery or vehicle components used in Nebraska's I-80 vehicle corridor, experts may examine whether the product met applicable industry safety standards or whether prior similar incidents had been reported to the manufacturer. FAQ: Product Liability Claims in Nebraska What if I no longer have the defective product? The product itself is important evidence, so its absence can complicate the case. However, depending on the defect type, claims can sometimes still be pursued using purchase records, product documentation, and expert analysis of similar products. Can I sue a retailer for selling a defective product? Yes, in many cases. Nebraska law allows claims against retailers and distributors who sold a defective product, even if they were not the manufacturer. How long do I have to file a product liability claim in Nebraska? Generally, four years from the date of injury under Neb. Rev. Stat. § 25-207. Contact an attorney promptly to avoid missing this deadline. What if the manufacturer is located in another country? International product liability cases are more complex but not impossible. An Omaha product liability lawyer can advise on jurisdiction and enforcement considerations for foreign manufacturers. What damages can I recover in a product liability case? You may be able to recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damages, depending on the specific facts and the severity of your injuries. Do I have to prove the manufacturer knew about the defect? Not necessarily. Under a strict liability theory for manufacturing defects, knowledge of the defect is generally not required. Under a design defect or failure-to-warn theory, prior knowledge may be relevant but is not always required. Can product liability claims involve class actions? Yes. When a defective product injures many people, class action litigation may be appropriate. An attorney can advise whether your case is part of a larger pattern that merits that approach. Speak With a Nebraska Personal Injury Attorney If you were injured by a defective product in Omaha, Nebraska, or the surrounding area, contact Harris & Associates, P.C., L.L.O. for a free consultation to discuss your product liability options. L ast reviewed: June 2026 This post was reviewed by James E. Harris, licensed in Nebraska since 1986. This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured, contact a licensed Nebraska attorney to discuss your specific situation.