No product liability action based on the doctrine of strict liability in tort shall be commenced or maintained against any seller or lessor of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless the seller or lessor is also the manufacturer of the product or the part thereof claimed to be defective.
§ 25-21,181.Action based on strict liability in tort; brought against seller or lessor; when.
Article 21: Special Proceedings and Actions · Last amended 1978 · Last verified July 22, 2026
In one sentenceThis section bars a strict-liability-in-tort claim against a seller or lessor of an allegedly defective product unless that seller or lessor is also the manufacturer of the product, or of the specific part claimed to be defective.
Full Text of § 25-21,181
Source
Laws 1978, LB 665, § 3.
Plain-English Summary
Section 25-21,181 narrows who can be sued on a strict-liability theory in a product case. Strict liability lets a plaintiff recover for a defective, unreasonably dangerous product without proving the defendant was careless. Left unrestricted, that theory could reach every link in a distribution chain — the retailer who sold the item, the company that leased it, and the factory that built it.
This section cuts that chain down. No strict-liability product action may be brought or maintained against a seller or lessor unless the seller or lessor is also the manufacturer of the product, or of the specific part claimed to be defective. A store that sold a product it did not make, or a company that leased equipment it did not build, cannot be held strictly liable under this theory. The plaintiff’s remedy against a non-manufacturing seller or lessor has to come from another theory, such as negligence or breach of warranty, rather than strict liability.
Frequently Asked Questions
Can I sue a retailer under strict liability for selling me a defective product?
Only if the retailer is also the manufacturer of the product or of the specific part claimed to be defective. Otherwise, this section bars the strict-liability claim against the retailer.
Does this section eliminate all claims against a non-manufacturing seller?
No. It bars only the strict-liability-in-tort claim against a seller or lessor that did not manufacture the product or the defective part. Other theories, like negligence, are not addressed by this section.
What about a company that leases equipment instead of selling it?
The same rule applies to lessors. A lessor cannot be held strictly liable unless it also manufactured the product or the defective part.
Why would Nebraska limit strict liability to manufacturers?
The section channels strict-liability exposure toward the party that designed and built the product, rather than every business that later sold or leased it.
What if the seller manufactured only one component of the product?
The section still applies to that seller if the part claimed to be defective is the one it manufactured.
Does this section apply outside of strict liability claims?
No. It addresses only actions based on the doctrine of strict liability in tort against a seller or lessor.
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
Also known as: strict liability seller nebraskasuing a retailer for defective productlessor strict liability nebraskamanufacturer requirement strict liabilityproduct liability chain of distribution nebraska