(1) Whenever the death of a person, including an unborn child in utero at any stage of gestation, is caused by the wrongful act, neglect, or default of any person, company, or corporation, and the act, neglect, or default is such as would, if death had not ensued, have entitled the person injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or company or corporation which, would have been liable if death had not ensued, is liable in an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to felony.
(2) No action for damages for the death of a person who is an unborn child shall be brought under this section against:
(a) The mother of the unborn child;
(b) A physician or other licensed health care provider if the death was the intended result of a medical procedure performed by the physician or health care provider and the requisite consent was given; or
(c) A person who dispenses or administers a drug or device in accordance with law if the death was the intended result of the dispensation or administration of the drug or device.
Notes of Decisions
Cited in
70
cases (
1 in the last 5 years), 1931–2024 · leading case:
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
In re Est. of Evertson, 889 N.W.2d 73 (Neb. 2016).
· cites it 2× “Evertson, under Neb. Rev. Stat. §§ 30-809 and 30-810 (Reissue 2016).”
Smith v. Columbus Cmty. Hosp., Inc., 387 N.W.2d 490 (Neb. 1986).
· cites it 18× “Neb.Rev.Stat. § 30-809 (Reissue 1979) provides: Whenever the death of a person shall be caused by the wrongful act, neglect or default, of any person, company or corporation, and the act, neglect or default is such as would, if death had not ensued, have entitled the party…”
Egbert v. Wenzl, 260 N.W.2d 480 (Neb. 1977).
· cites it 10× “The issue in this case, not one of first impression in Nebraska, is whether an action for the wrongful death of a stillborn fetus may be maintained under section 30-809, R. R. S. 1943. We conclude that it may not, and adhere to the rule set forth in Drabbels v.”
Paulk v. Cent. Lab'y Assocs., P.C., 636 N.W.2d 170 (Neb. 2001).
· cites it 4× “The cause of action is authorized by Neb. Rev. Stat. § 30-809 (Reissue 1995). The damages that may be recovered and the disposition of the avails of any judgment obtained are defined by Neb.”
Olsen v. Farm Bureau Ins. Co. of Nebraska, 609 N.W.2d 664 (Neb. 2000).
· cites it 9× “*339 Statute of Limitations Farm Bureau also argues that this action is time bárred by the 2-year statute of limitations provided for wrongful death actions by Neb. Rev. Stat. §§ 30-809 and 30-810 (Reissue 1995).”
Imig v. March, 279 N.W.2d 382 (Neb. 1979).
· cites it 4× “" Section 30-809, R.R.S.1943, provides in part: "Whenever the death of a person shall be caused by the wrongful act * * of any person * * * and the act * * is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages * * *…”
Tatum v. Schering Corp., 523 So. 2d 1042 (Ala. 1988).
· cites it 3× “§ 27-1-513 (1986); Neb.Rev.Stat. § 30-809 (1985); Nev.Rev.Stat.”
Moser v. State, 307 Neb. 18 (Neb. 2020).
· cites it 2× “01,” and (3) wrongful death under Neb. Rev. Stat. § 30-809 et seq. (Reissue 2016).”
Nelson v. Dolan, 434 N.W.2d 25 (Neb. 1989).
· cites it 4× “The Nebraska wrongful death action is found in Neb. Rev. Stat. §§ 30-809 and 30-810 (Reissue 1985).”
Alegent Health Bergan Mercy Med. v. Haworth, 615 N.W.2d 460 (Neb. 2000).
· cites it 5× “At the hearing on the motions, the special administrator acknowledged that the proposed petition was filed pursuant to the NHMLA but contended that the applicable statute of limitations was not § 44-2828, but, rather, § 30-810, which provides that every wrongful death action as…”
Miers v. Cent. Mine Equip. Co., 604 F. Supp. 502 (D. Neb. 1985).
· cites it 7× “§§ 30-809 et seq. This matter is presently before the Court for consideration of the defendant’s motion for summary judgment on the issue of whether the plaintiff’s claims are barred by the ten-year limitation for commencing actions as stated in Neb.”
— Neb. Rev. Stat. § 30-809(1) — 4 cases
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