Nebraska Dog Bite Law: The Owner Pays, With Two Exceptions

People who have been bitten by a dog almost always start the conversation by apologizing for the dog. "He's never done this before." "The owner is a friend." "I don't want anyone to get in trouble." I understand the instinct. But the law in Nebraska is not built around whether the dog had a history, and the claim is not against your neighbor's bank account. Here is how it actually works.

No "one free bite"

Some states let an owner off the hook for the first bite unless they knew the dog was dangerous. Nebraska does not. The statute says the owner of a dog shall be liable for any and all damages that may accrue to any person, other than a trespasser, by reason of the dog biting or injuring them. There is no requirement to prove the owner was careless, no requirement to prove the dog had bitten before, and no requirement to prove the dog was vicious. Ownership plus injury is the case. Lawyers call it strict liability; what it means for a bitten person is that the argument "we had no idea he would do that" is not a defense.

The statute reaches more than bites. It covers a dog injuring a person — the large dog that knocks an elderly woman down on a sidewalk, the dog that lunges and causes a cyclist to crash. The one thing Nebraska courts have said the statute does not cover is a dog's merely playful act, so the facts of how the injury happened matter and should be documented early.

The two exceptions

The statute names them. First, trespassers are not protected — a person who was somewhere they had no right to be cannot use the strict-liability rule against the owner. Someone lawfully on the property, an invited guest, a delivery driver, a child in a neighbor's yard with permission, or anyone on a public sidewalk is not a trespasser. Second, an injured person is barred from recovering under the statute if they intentionally provoked the dog. That word — intentionally — is doing real work. Reaching to pet a dog is not provocation. A toddler stumbling toward a dog is not provocation. The exception is for the person who deliberately tormented the animal, and insurers stretch it well past that.

There is a narrow exception for police and military dogs acting under written agency policy, which almost never applies to the cases I see.

Who actually pays

This is the part that makes the apology unnecessary. Dog bite claims are paid almost entirely by the owner's homeowner's or renter's insurance, which is precisely what that coverage exists for. Your neighbor is not writing a check. The insurer is, and the insurer will treat the claim exactly the way it treats every other claim: by looking for the trespasser argument, the provocation argument, and any reason to call the scarring minor.

Why children's cases are different

Children are bitten in the face and on the hands far more often than adults, because of their height and because they don't read a dog's warning signs. A facial scar on a child is a permanent injury with a lifetime of consequences, and the value of the claim has to reflect that, including the revision surgeries a growing child will need. In a case I handled across the river, a Woodbury County, Iowa court entered a $250,000 judgment for a young boy scarred by a dog; the reasoning that mattered there — that scarring on a child is not a minor injury — applies just as strongly in Nebraska.

Two practical rules: photograph the wound the day it happens and again as it heals, because scars look very different at week one and month three; and do not accept a quick payment for "the medical bills," because the bills are usually the smallest part of what a serious bite costs.

Why bring it to me

I handle dog bite cases in Nebraska and Iowa as an Omaha dog bite lawyer, and I handle them the way I handle every injury case: with the statute in hand, the evidence documented early, and a willingness to try the case when the insurer decides a child's scar is worth a few thousand dollars. My clients have recovered more than $23 million, including a $5.4 million top result, and they describe the experience in many five-star reviews. My firm was voted Best of Omaha for personal injury law in 2025 and 2026.

If a dog bit you or your child, call me at (402) 378-9208 or reach out here. The consultation is free, and there is no fee unless I win.

Frequently asked questions

Does Nebraska have a "one free bite" rule for dog bites?

Some states let an owner off the hook for the first bite unless they knew the dog was dangerous. Nebraska does not. The statute says the owner of a dog shall be liable for any and all damages that may accrue to any person, other than a trespasser, by reason of the dog biting or injuring them.

Who is not protected by Nebraska's dog bite statute?

The statute names them. First, trespassers are not protected — a person who was somewhere they had no right to be cannot use the strict-liability rule against the owner. Second, an injured person is barred from recovering under the statute if they intentionally provoked the dog.

Who actually pays a dog bite claim in Nebraska?

Dog bite claims are paid almost entirely by the owner's homeowner's or renter's insurance, which is precisely what that coverage exists for. Your neighbor is not writing a check.

Why are children's dog bite cases different?

Children are bitten in the face and on the hands far more often than adults, because of their height and because they don't read a dog's warning signs. A facial scar on a child is a permanent injury with a lifetime of consequences, and the value of the claim has to reflect that, including the revision surgeries a growing child will need.

Your Attorney

Frank Younes

Every page on this site is written by Frank Younes, a Nebraska trial attorney with a published record of verdicts and settlements, selection to the National Trial Lawyers Top 100, and a practice that covers every county in Nebraska and Iowa. No case is handed to an associate — the lawyer you read here is the lawyer who works your case.

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