(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.
(2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:
(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or
(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section.
(b) If the changes made to this subsection by Laws 2001, LB 489, are declared invalid or unconstitutional, this subsection as it existed prior to September 1, 2001, shall be deemed in full force and effect and shall apply to all claims in which a final order has not been entered.
(3) The limitations contained in subsection (1), (2), or (5) of this section shall not be applicable to indemnity or contribution actions brought by a manufacturer or seller of a product against a person who is or may be liable to such manufacturer or seller for all or any portion of any judgment rendered against a manufacturer or seller.
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, any cause of action or claim which any person may have on July 22, 1978, may be brought not later than two years following such date.
(5) Any action to recover damages based on injury allegedly resulting from exposure to asbestos composed of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, actinolite, or any combination thereof, shall be commenced within four years after the injured person has been informed of discovery of the injury by competent medical authority and that such injury was caused by exposure to asbestos as described herein, or within four years after the discovery of facts which would reasonably lead to such discovery, whichever is earlier. No action commenced under this subsection based on the doctrine of strict liability in tort shall be commenced or maintained against any seller of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless such seller is also the manufacturer of such product or the manufacturer of the part thereof claimed to be defective. Nothing in this subsection shall be construed to permit an action to be brought based on an injury described in this subsection discovered more than two years prior to August 30, 1981.
Notes of Decisions
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
· cites it 55× “The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
· cites it 76× “Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
Givens v. Anchor Packing, Inc., 466 N.W.2d 771 (Neb. 1991).
· cites it 62× “Plaintiffs further contend that "[t]he ten-year limitations period of Neb.Rev.Stat. § 25-224 [prior to the 1981 amendment] does not apply generally to causes of action for diseases caused by defective products which are preceded by long latency periods and specifically to such…”
MacKu by & Through MacKu v. Drackett Prod. Co., 343 N.W.2d 58 (Neb. 1984).
· cites it 18× “§ 25-213 (Reissue 1979) toll the running of the 2-year provision of Neb. Rev. Stat. § 25-224 (4) (Reissue 1979) in product liability cases brought during a plaintiff’s infancy? Amy Macku, a minor, was injured on August 23, 1977, as a result of drinking liquid drain cleaner…”
Condon v. AH Robins Co., Inc., 349 N.W.2d 622 (Neb. 1984).
· cites it 16× “The specific question certified to us by the federal court is as follows: Does the 4-year statute of limitations set forth in Neb. Rev. Stat. § 25-224 (1) (Cum. Supp. 1982) begin to run on the date on which *61 injury or damage complained of occurs or when the person injured…”
Gillam v. Firestone Tire & Rubber Co., 489 N.W.2d 289 (Neb. 1992).
· cites it 16× “The only issue which the trial court determined was whether the action was barred by the 10-year statute of repose, see Neb. Rev. Stat. § 25-224 (2) (Reissue 1989).”
Murphy v. Spelts-Schultz Lumber Co., 481 N.W.2d 422 (Neb. 1992).
· cites it 7× “Also, there is a special statute of limitations pertaining to product liability, namely, Neb. Rev. Stat. § 25-224 (Reissue 1989), which provides in pertinent part: (1) All product liability actions, except [those involving exposure to certain chemical compounds], shall be…”
Witherspoon v. Sides Const. Co., Inc., 362 N.W.2d 35 (Neb. 1985).
· cites it 6× “The applicable period of repose is contained in Neb.Rev.Stat. § 25-224 (Cum. Supp.1984), which in relevant part reads: [A]ny product liability action, except one governed by section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced within…”
Budler v. Gen. Motors Corp., 689 N.W.2d 847 (Neb. 2004).
· cites it 30× “Court of Appeals for the Eighth Circuit has certified the following question to this court: “Is the ten-year statute of repose for products liability actions in Neb. Rev. Stat. § 25-224 (2) (1995), tolled by a person’s status as a minor, pursuant to Neb.”
Fritchie v. Alumax Inc., 931 F. Supp. 662 (D. Neb. 1996).
· cites it 34× “In contrast, this suit primarily involves a claim by employees of a buyer of goods for personal injuries, the claim is primarily one that the product was defectively designed, and the claim is asserted against a manufacturer who had no direct contractual relationship with either…”
Miers v. Cent. Mine Equip. Co., 604 F. Supp. 502 (D. Neb. 1985).
· cites it 18× “§ 25-224 to govern the time limits for bringing a product liability action which provides, in part: (1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or…”
— Neb. Rev. Stat. § 25-224(1) — 8 cases
Condon v. AH Robins Co., Inc., 349 N.W.2d 622 (Neb. 1984).
“The specific question certified to us by the federal court is as follows: Does the 4-year statute of limitations set forth in Neb. Rev. Stat. § 25-224 (1) (Cum. Supp. 1982) begin to run on the date on which *61 injury or damage complained of occurs or when the person injured…”
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
“The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
Miers v. Cent. Mine Equip. Co., 604 F. Supp. 502 (D. Neb. 1985).
“§ 25-224 to govern the time limits for bringing a product liability action which provides, in part: (1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or…”
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
— Neb. Rev. Stat. § 25-224(2) — 17 cases
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
“The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
Givens v. Anchor Packing, Inc., 466 N.W.2d 771 (Neb. 1991).
“Plaintiffs further contend that "[t]he ten-year limitations period of Neb.Rev.Stat. § 25-224 [prior to the 1981 amendment] does not apply generally to causes of action for diseases caused by defective products which are preceded by long latency periods and specifically to such…”
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
Gillam v. Firestone Tire & Rubber Co., 489 N.W.2d 289 (Neb. 1992).
“The only issue which the trial court determined was whether the action was barred by the 10-year statute of repose, see Neb. Rev. Stat. § 25-224 (2) (Reissue 1989).”
— Neb. Rev. Stat. § 25-224(2)(a) — 1 case
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
— Neb. Rev. Stat. § 25-224(2)(a)(i) — 2 cases
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
“The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
— Neb. Rev. Stat. § 25-224(2)(a)(ii) — 1 case
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
— Neb. Rev. Stat. § 25-224(4) — 6 cases
MacKu by & Through MacKu v. Drackett Prod. Co., 343 N.W.2d 58 (Neb. 1984).
“§ 25-213 (Reissue 1979) toll the running of the 2-year provision of Neb. Rev. Stat. § 25-224 (4) (Reissue 1979) in product liability cases brought during a plaintiff’s infancy? Amy Macku, a minor, was injured on August 23, 1977, as a result of drinking liquid drain cleaner…”
Murphy v. Spelts-Schultz Lumber Co., 481 N.W.2d 422 (Neb. 1992).
“Also, there is a special statute of limitations pertaining to product liability, namely, Neb. Rev. Stat. § 25-224 (Reissue 1989), which provides in pertinent part: (1) All product liability actions, except [those involving exposure to certain chemical compounds], shall be…”
Budler v. Gen. Motors Corp., 689 N.W.2d 847 (Neb. 2004).
“Court of Appeals for the Eighth Circuit has certified the following question to this court: “Is the ten-year statute of repose for products liability actions in Neb. Rev. Stat. § 25-224 (2) (1995), tolled by a person’s status as a minor, pursuant to Neb.”
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
“The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
— Neb. Rev. Stat. § 25-224(5) — 5 cases
Farber v. Lok-N-Logs, Inc., 701 N.W.2d 368 (Neb. 2005).
“The district court for Washington County sustained the motions on the basis that appellant’s action was barred by the 10-year statute of repose contained in Neb. Rev. Stat. § 25-224 (2) (Cum. Supp. 2004).”
Givens v. Anchor Packing, Inc., 466 N.W.2d 771 (Neb. 1991).
“Plaintiffs further contend that "[t]he ten-year limitations period of Neb.Rev.Stat. § 25-224 [prior to the 1981 amendment] does not apply generally to causes of action for diseases caused by defective products which are preceded by long latency periods and specifically to such…”
Ag Valley Co-op v. Servinsky Engr., 974 N.W.2d 324 (Neb. 2022).
“Nebraska’s product liabil- ity statute of repose in Neb. Rev. Stat. § 25-224 (2)(a) (Reissue 2016) contemplates a single state of manufacture for each product and a single statute of repose for each product.”
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