As used in sections 25-224 and 25-21,180 to 25-21,182, unless the context otherwise requires: Product liability action shall mean any action brought against a manufacturer, seller, or lessor of a product, regardless of the substantive legal theory or theories upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formulation, installation, preparation, assembly, testing, packaging, or labeling of any product, or the failure to warn or protect against a danger or hazard in the use, misuse, or intended use of any product, or the failure to provide proper instructions for the use of any product.
§ 25-21,180.Terms, defined.
Article 21: Special Proceedings and Actions · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section defines "product liability action" broadly to cover any suit against a manufacturer, seller, or lessor for injury, death, or property damage caused by a product’s manufacture, design, testing, packaging, labeling, or a failure to warn or instruct, no matter what legal theory the plaintiff uses.
Full Text of § 25-21,180
Source
Laws 1978, LB 665, § 1; Laws 1998, LB 234, § 8.
Plain-English Summary
Section 25-21,180 sets the vocabulary for the three sections that follow it. It defines a product liability action as any action against a manufacturer, seller, or lessor of a product, brought to recover for personal injury, death, or property damage traced to the product itself. The definition does not care what legal theory carries the claim — negligence, strict liability, warranty, or anything else counts, so long as the harm comes from the product.
The list of covered defects is wide. It reaches the manufacture, construction, design, formulation, installation, preparation, assembly, testing, packaging, or labeling of a product, and it also reaches a failure to warn or protect against a danger in the product’s use, misuse, or intended use, or a failure to give proper instructions for using it. A claim built on any one of those grounds falls inside the definition.
Because this definition governs how sections 25-21,181 and 25-21,182 apply, it matters at the outset of a product-related lawsuit. A plaintiff and defendant both need to know whether their dispute counts as a product liability action before either can rely on the seller-liability limit in the next section or the state-of-the-art defense in the one after that.
Frequently Asked Questions
Does it matter what legal theory I sue under for my claim to count as a product liability action?
No. The definition covers the action regardless of the substantive legal theory or theories on which it is brought, as long as the harm stems from the product.
Who can be a defendant in a product liability action under this definition?
A manufacturer, seller, or lessor of the product.
What kinds of defects or failures does this definition cover?
Defects in manufacture, construction, design, formulation, installation, preparation, assembly, testing, packaging, or labeling, plus a failure to warn against a danger in the product’s use or misuse and a failure to give proper instructions.
Does the definition cover property damage, or only personal injury?
Both. It covers actions for personal injury, death, or property damage caused by or resulting from the product.
Why does this definition matter beyond this one section?
Does misuse of a product fall inside this definition?
Yes. The definition reaches a failure to warn or protect against a danger in the product’s use, misuse, or intended use.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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