Neb. Rev. Stat. » Chapter 53
Nebraska Revised Statutes

Neb. Rev. Stat. § 53-404 (2026)

Cause of action authorized

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Any person who sustains injury or property damage, or the estate of any person killed, as a proximate result of the negligence of an intoxicated minor shall have, in addition to any other cause of action available in tort, a cause of action against:

(1) A social host who allowed the minor to consume alcoholic liquor in the social host's home or on property under his or her control;

(2) Any person who procured alcoholic liquor for the minor, other than with the permission and in the company of the minor's parent or guardian, when such person knew or should have known that the minor was a minor; or

(3) Any retailer who sold alcoholic liquor to the minor. The absolute defenses found in section 53-180.07 shall be available to a retailer in any cause of action brought under this section.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2012–2022 · leading case: Teresa Spagna v. Collin Gill, 30 F.4th 710 (8th Cir. 2022).
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Teresa Spagna v. Collin Gill, 30 F.4th 710 (8th Cir. 2022). “” Neb. Rev. Stat. § 53-404 (the “Act”). Minor is defined as a person under the age of 21.”
Juliano v. Simpson, 461 Mass. 527 (2012). “90 (2010) (applies to hosts twenty-one or older); Neb. Rev. Stat. § 53-404 (2010); Nev. Rev.”
Spagna v. Tift, No. 8:19-cv-00481 (D. Neb. Feb. 12, 2020). · cites it 2× “” Neb. Rev. Stat. § 53-404 . The Act further defines a social host as “any person who knowingly allows consumption of alcoholic liquor in his or her home or on property under his or her control by one or more minors.”
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