The individual immunity granted by section 25-21,191 shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury (1) caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat or (2) caused by such director, officer, or trustee while impaired by alcohol or any controlled substance enumerated in section 28-405.
§ 25-21,192.Not-for-profit organization; limitation on immunity.
Article 21: Special Proceedings and Actions · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section removes the director, officer, and trustee immunity granted in section 25-21,191 whenever the resulting damage or injury was caused while that person was operating a motor vehicle, airplane, or boat, or while impaired by alcohol or a listed controlled substance.
Full Text of § 25-21,192
Source
Laws 1987, LB 67, § 3.
Plain-English Summary
Section 25-21,192 carves two specific exceptions into the immunity section 25-21,191 grants to uncompensated directors, officers, and trustees of not-for-profit organizations. The individual immunity does not extend to any act or omission that results in damage or injury caused by that director, officer, or trustee during the operation of a motor vehicle, airplane, or boat.
The second exception covers impairment: the immunity also does not reach damage or injury caused by the director, officer, or trustee while impaired by alcohol or by a controlled substance listed in section 28-405. Both exceptions target situations where the person’s own operation of a vehicle or vessel, or their own intoxication, played a role in causing the harm, rather than harm arising from ordinary governance decisions or oversight functions carried out within the scope of the person’s official duties.
Frequently Asked Questions
Does the director and officer immunity in section 25-21,191 cover a car accident caused by a board member?
No. This section removes the immunity for damage or injury caused by the director, officer, or trustee during the operation of a motor vehicle, airplane, or boat.
Does the immunity apply if the director was impaired at the time of the incident?
No. The immunity does not extend to damage or injury caused while the director, officer, or trustee was impaired by alcohol or a controlled substance listed in section 28-405.
Does this section apply to airplanes and boats, or only motor vehicles?
All three. The exception covers operation of a motor vehicle, airplane, or boat.
Which section grants the immunity that this section limits?
Section 25-21,191, which immunizes uncompensated directors, officers, and trustees of not-for-profit organizations acting within the scope of their official duties.
Does this section create new liability, or does it just limit an existing immunity?
It limits the existing immunity under section 25-21,191; it does not itself create a separate basis for liability beyond removing the immunity in these two situations.
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: limits on nonprofit director immunity nebraskavehicle operation exception director immunityimpaired board member liability nebraskacontrolled substance exception nonprofit immunitysection 28-405 controlled substance reference