Is the Landlord Liable for a Tenant's Dog Bite in Nebraska?

By the FigureMyTax Editorial Team · How we calculate

Nebraska has a direct answer on strict liability: the owner of the leased property is not the dog's owner.

McCullough v. Bozarth

According to the annotations to Neb. Rev. Stat. 54-601, the Nebraska Supreme Court held in McCullough v. Bozarth (1989) that the strict liability of a dog owner for damages to a person other than a trespasser who is bitten does not extend to the owners of leased property upon which the dog is harbored.

What that means

A landlord is outside the strict liability statute simply because the landlord is not the dog's owner.

Other theories

The decision addresses strict liability under the statute. Whether a landlord could be liable on ordinary negligence facts, such as knowledge of a dangerous dog and control of the premises, is a separate question that depends on the facts, and we did not locate a Nebraska decision on it.

The owner still pays

The tenant who owns the dog is strictly liable for any and all damages to a person other than a trespasser who is bitten.

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.