Nebraska Revised Statutes

Neb. Rev. Stat. § 13-915 (2026)

Suit for alleged defect in construction or maintenance; defense

✓ current as of July 2026

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In any suit brought pursuant to the Political Subdivisions Tort Claims Act and sections 16-727, 16-728, 23-175, 39-809, and 79-610 and based upon an alleged defect in the construction or maintenance of a sidewalk, public building, or other public facility, an affirmative showing that the claimant had actual knowledge of the alleged defect at the time of the occurrence of the injury, and that an alternate safe route was available and known to the claimant, shall constitute a defense to the suit.

Notes of Decisions

Cited in 2 cases, 1996–2000 · leading case: Hill v. City of Lincoln, 541 N.W.2d 655 (Neb. 1996).

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Hill v. City of Lincoln, 541 N.W.2d 655 (Neb. 1996). · cites it 11× “s the amended petition, the city argues that (1) the court erred in failing to dismiss Hill’s amended petition in favor of the city by its determination that a vertical change of one-half inch or more constituted a defect in a sidewalk that gave rise to a duty of repair on the…”

McDonald v. DeCamp Legal Servs., P.C., 619 N.W.2d 583 (Neb. 2000). · cites it 2× “No recoverable slip and fall cause of action existed under the Political Subdivision Tort Claims Act because the plaintiff knew of the alleged condition and there were multiple alternative safe routes available, Neb. Rev. Stat. § 13-915 . 4. The two-year statute of limitations…”

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