Neb. Rev. Stat. » Chapter 13
Nebraska Revised Statutes

Neb. Rev. Stat. § 13-905 (2026)

Tort claims; filing; requirements

✓ current as of July 2026
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All tort claims under the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political subdivision, or the governing body of a political subdivision may provide that such claims may be filed with the duly constituted law department of such subdivision. It shall be the duty of the official with whom the claim is filed to present the claim to the governing body. All such claims shall be in writing and shall set forth the time and place of the occurrence giving rise to the claim and such other facts pertinent to the claim as are known to the claimant.

Notes of Decisions
Cited in 58 cases (16 in the last 5 years), 1988–2026 · leading case: Est. of McElwee v. Omaha Transit Auth., 664 N.W.2d 461 (Neb. 2003).
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Est. of McElwee v. Omaha Transit Auth., 664 N.W.2d 461 (Neb. 2003). · cites it 52× “Section 13-905 requires that [a]ll tort claims under the Political Subdivisions Tort Claims Act .”
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990). · cites it 48× “) Neb.Rev.Stat. § 13-905 (Reissue 1987) provides that all tort claims must be filed and acted upon by the political subdivision against which the claim is made.”
Willis v. City of Lincoln, 441 N.W.2d 846 (Neb. 1989). · cites it 14× “” Section 13-905 of the Political Subdivisions Tort Claims Act pertinently provides: All tort claims under [the Political Subdivisions Tort Claims Act] shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political…”
Schoemaker v. Metro. Utils. Dist., 515 N.W.2d 675 (Neb. 1994). · cites it 17× “The defendants were granted leave to file an amended answer on June 19, 1992.”
Great N. Ins. Co. v. Transit Auth. of Omaha, 308 Neb. 916 (Neb. 2021). · cites it 8× “Metro, as an affirmative defense, challenged Great Northern’s com- pliance with the PSTCA, specifically claiming that Great Northern did not properly comply with the notice requirement of § 13-905. Great Northern pled equitable estoppel as an affirm­ative defense to any…”
Saylor v. State, 306 Neb. 147 (Neb. 2020). · cites it 10× “In cases under the Political Subdivisions Tort Claims Act, the substantial compliance doc- trine applies when deciding whether the content of a claim satisfies the presuit claim presentment requirements in Neb. Rev. Stat. § 13-905 (Reissue 2012). 7.”
Patterson v. Metro. Util. Dist., 302 Neb. 442 (Neb. 2019). · cites it 2× “4 §§ 13-905 and 13-906. 5 See § 13-905. 6 Keller v.”
Jessen v. Malhotra, 665 N.W.2d 586 (Neb. 2003). · cites it 5× “Assuming without deciding that the letter was filed with an individual or office designated in the Tort Claims Act as an authorized recipient of a claim, we conclude that the content of the letter was insufficient to satisfy the requirements of § 13-905.”
Keller v. Tavarone, 655 N.W.2d 899 (Neb. 2003). · cites it 4× “Shortly thereafter, Keller submitted a written claim to the political subdivision on January 27, 2000, pursuant to Neb. Rev. Stat. § 13-905 (Reissue 1997) of the Tort Claims Act.”
Keller v. Tavarone, 628 N.W.2d 222 (Neb. 2001). · cites it 6× “See § 13-905. It was stipulated at trial that Keller was admitted to the Hospital for a hysterectomy and that no notice of tort claim was filed.”
Crown Prods. Co. v. City of Ralston, 567 N.W.2d 294 (Neb. 1997). · cites it 4× “2d 207 (1990), we stated that the notice requirement of Neb.Rev.Stat. § 13-905 (Reissue 1991) of the Nebraska Political Subdivisions Tort Claims Act is a procedural precedent to commencement of a negligence action, not a jurisdictional prerequisite for adjudication of a claim.”
Polinski v. Omaha Pub. Power Dist., 554 N.W.2d 636 (Neb. 1996). · cites it 5× “§ 13-905 (Reissue 1991) of the Act requires all plaintiffs bringing a claim against a political subdivision to submit a written claim to that entity setting forth the time and place of the occurrence giving rise to the claim, along with any other pertinent facts known to the…”
Show all 58 citing cases →
— Neb. Rev. Stat. § 13-905(1) — 1 case
Willis v. City of Lincoln, 441 N.W.2d 846 (Neb. 1989). “” Section 13-905 of the Political Subdivisions Tort Claims Act pertinently provides: All tort claims under [the Political Subdivisions Tort Claims Act] shall be filed with the clerk, secretary, or other official whose duty it is to maintain the official records of the political…”
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