Dog Bite Defenses: Trespass and Provocation

By the FigureMyTax Editorial Team · How we calculate

The statute is strict, but it has limits: trespass, intentional provocation and a possible playful-conduct exception.

Trespass

The statute makes the owner liable to a person “other than a trespasser.” But in Guzman v. Barth (1996), the Nebraska Supreme Court held that this exemption does not cut off the common-law tort remedy available to a trespasser for a dog bite.

Intentional provocation

Summaries of Nebraska case law say a person who intentionally provoked the dog and thereby caused it to attack is barred from recovering under the statute.

Playful or mischievous conduct

A recognized exception covers injuries caused by a dog being playful or mischievous rather than aggressive. A judge or jury may have to decide it from the evidence.

Working dogs

The statute also contains exceptions for certain police and military working dogs.

Your own fault

The victim's degree of fault reduces the owner's liability. Because Nebraska bars recovery at 50% or more fault in negligence claims, confirm with an attorney how the bar applies to a statutory dog claim.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Nebraska's rules apply to your specific case with a licensed Nebraska attorney.