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

Neb. Rev. Stat. § 13-908 (2026)

Political subdivision; liability; no writ of execution; offer of settlement; effect

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Except as otherwise provided in the Political Subdivisions Tort Claims Act, in all suits brought under the act the political subdivision shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue against a political subdivision. Disposition of or offer to settle any claim made under the act shall not be competent evidence of liability of the political subdivision or any employee or the amount of damages.

Notes of Decisions
Cited in 21 cases (8 in the last 5 years), 1990–2025 · leading case: Bronsen v. Dawes Cnty., 722 N.W.2d 17 (Neb. 2006).
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Bronsen v. Dawes Cnty., 722 N.W.2d 17 (Neb. 2006). · cites it 4× “Dawes County argues that because § 13-908 provides that a governmental entity’s liability is the same as an individual’s liability, it is entitled to the same limited immunity that would be afforded to a private landowner under the RLA.”
Reiber v. Cnty. of Gage, 928 N.W.2d 916 (Neb. 2019). “§ 13-908. See, Amend v. Nebraska Pub. Serv.”
Lawry v. Cnty. of Sarpy, 575 N.W.2d 605 (Neb. 1998). · cites it 4× “2d 634 (1997), and aptly illustrated by the facts in this appeal, we hold that the discretionary function exceptions, found in § 13-910, to the general waiver of tort immunity, provided for in § 13-908, are matters of defense which must be pled and proved by a political…”
Deezia v. City of Lincoln, 350 F. Supp. 3d 868 (D. Neb. 2018). · cites it 2× “) The Nebraska Political Subdivisions Tort Claims Act ("NPSTCA") authorizes tort claims against municipalities, Neb. Rev. Stat. § 13-908 (Westlaw 2018), subject to certain exceptions, including "[a]ny claim arising out of assault, battery, false arrest .”
Edwards v. Douglas Cnty., 953 N.W.2d 744 (Neb. 2021). · cites it 2× “17 Immunity for Claims Arising Out of Assault As pertinent here, § 13-910(7) of the PSTCA exempts from the waiver of sovereign immunity “[a]ny claim arising out of assault, battery, false arrest, false imprisonment, malicious prosecution, abuse of process, libel, slander,…”
Phillips v. Liberty Mut. Ins. Co., 876 N.W.2d 361 (Neb. 2016). “” § 13-908. Accord Connelly v. City of Omaha, 284 Neb.”
McCormick v. City of Norfolk, 641 N.W.2d 638 (Neb. 2002). · cites it 2× “The McCormicks further alleged that this dangerous and hazardous condition gave rise to a duty to warn or take other measures to protect pedestrians who are crossing Fourth Street.”
Jasa ex rel. Jasa v. Douglas Cnty., 510 N.W.2d 281 (Neb. 1994). · cites it 2× “While § 13-908 makes a political subdivision such as the county liable for an action in tort "in the same manner and to the same extent as a private individual under like circumstances," § 13-910(2) exempts a political subdivision from liability on any claim "based upon the…”
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990). · cites it 2× “See, also, § 13-908: "Except as otherwise provided in this act, in all suits brought under this act, the political subdivision shall be liable in the same manner, and to the same extent as a private individual under like circumstances.”
Wise v. Omaha Pub. Schs., 714 N.W.2d 19 (Neb. 2006). · cites it 2× “Nothing in this subdivision shall be construed to limit a political subdivision’s liability for any claim arising out of the operation of a motor vehicle by an employee of the political subdivision while acting within the course and scope of his or her employment by the…”
Dion v. City of Omaha, 973 N.W.2d 666 (Neb. 2022). “23 The Legislature implicitly adopted similar public policy stances through the intentional tort exemptions of the PSTCA and the State Tort Claims Act.”
Iodence v. City of All., 700 N.W.2d 562 (Neb. 2005). · cites it 2× “Further, § 13-908 of the Tort Claims Act sets forth a general waiver of immunity subject to certain limited exceptions stated in § 13-910.”
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