Nebraska Revised Statutes
Neb. Rev. Stat. § 13-908 (2026)
Political subdivision; liability; no writ of execution; offer of settlement; effect
✓ current as of July 2026
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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).
Bronsen v. Dawes Cnty., 722 N.W.2d 17 (Neb. 2006). “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, 303 Neb. 325 (Neb. 2019). “§ 13-908. See, Amend v. Nebraska Pub. Serv.”
Lawry v. Cnty. of Sarpy, 575 N.W.2d 605 (Neb. 1998). “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). “) 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., 308 Neb. 259 (Neb. 2021). “14 § 13-908. 15 See Rutledge, supra note 3 .”
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). “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). “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…”
Doe v. Omaha Pub. Sch. Dist., 727 N.W.2d 447 (Neb. 2007). “” § 13-908. Public school districts are political subdivisions for purposes of the PSTCA.”
Millman v. Cnty. of Butler, 458 N.W.2d 207 (Neb. 1990). “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). “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, 311 Neb. 522 (Neb. 2022). “jury or death, caused by the negligent or wrongful act or omission of any employee of the political subdivision, while acting within the scope of his or her office or employment, under circumstances in which the political subdivision, if a private person, would be liable to the…”
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