§ 25-224.Actions on product liability.

Article 2: Limitation of Actions · Last amended 2001 · Last verified July 22, 2026

In one sentenceThis section sets a four-year deadline for product liability actions after the injury, adds a ten-year statute of repose (or the manufacturing state’s repose period, if longer) measured from first sale, exempts manufacturer indemnity claims, and applies a separate discovery-based rule for asbestos injuries.

Full Text of § 25-224

Text size

(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs.

(2)(a) Notwithstanding subsection (1) of this section or any other statutory provision to the contrary, any product liability action, except one governed by

section 2-725, Uniform Commercial Code or by subsection (5) of this section, shall be commenced as follows:

(i) For products manufactured in Nebraska, within ten years after the date the product which allegedly caused the personal injury, death, or damage was first sold or leased for use or consumption; or

(ii) For products manufactured outside Nebraska, within the time allowed by the applicable statute of repose, if any, of the state or country where the product was manufactured, but in no event less than ten years. If the state or country where the product was manufactured does not have an applicable statute of repose, then the only limitation upon the commencement of an action for product liability shall be as set forth in subsection (1) of this section.

(b) If the changes made to this subsection by Laws 2001, LB 489, are declared invalid or unconstitutional, this subsection as it existed prior to September 1, 2001, shall be deemed in full force and effect and shall apply to all claims in which a final order has not been entered.

(3) The limitations contained in subsection (1), (2), or (5) of this section shall not be applicable to indemnity or contribution actions brought by a manufacturer or seller of a product against a person who is or may be liable to such manufacturer or seller for all or any portion of any judgment rendered against a manufacturer or seller.

(4) Notwithstanding the provisions of subsections (1) and (2) of this section, any cause of action or claim which any person may have on July 22, 1978, may be brought not later than two years following such date.

(5) Any action to recover damages based on injury allegedly resulting from exposure to asbestos composed of chrysotile, amosite, crocidolite, tremolite, anthrophyllite, actinolite, or any combination thereof, shall be commenced within four years after the injured person has been informed of discovery of the injury by competent medical authority and that such injury was caused by exposure to asbestos as described herein, or within four years after the discovery of facts which would reasonably lead to such discovery, whichever is earlier. No action commenced under this subsection based on the doctrine of strict liability in tort shall be commenced or maintained against any seller of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless such seller is also the manufacturer of such product or the manufacturer of the part thereof claimed to be defective. Nothing in this subsection shall be construed to permit an action to be brought based on an injury described in this subsection discovered more than two years prior to August 30, 1981.

Source

Laws 1978, LB 665, § 2; Laws 1981, LB 29, § 1; Laws 2001, LB 489, § 1.

Plain-English Summary

Product liability claims in Nebraska face two separate clocks. The first, under subsection (1), is plain: four years from the date of the death, injury, or damage the claim is based on. The second, under subsection (2), is a statute of repose layered on top of that four-year rule — for products manufactured in Nebraska, no action may be brought more than ten years after the product was first sold or leased for use or consumption, regardless of when the injury occurred. For products manufactured outside Nebraska, the repose period follows whatever statute of repose the manufacturing state or country applies, but never less than ten years; if that jurisdiction has no repose statute at all, only the four-year injury-based deadline in subsection (1) applies.

The repose period doesn’t reach every product liability claim. It exempts actions governed by the Uniform Commercial Code’s own limitations provision and actions covered by the section’s separate asbestos rule. Nor does it touch indemnity or contribution actions a manufacturer or seller brings against someone else who may share liability for a judgment against them — those proceed without the repose limitation.

Asbestos claims follow their own path entirely. An action for injury from exposure to specified asbestos types must be brought within four years after the injured person was informed by competent medical authority both of the injury and that asbestos exposure caused it, or within four years of discovering facts that would reasonably lead to that realization, whichever is earlier. A strict-liability claim under this asbestos provision can’t be brought against a mere seller of the product unless that seller is also the manufacturer, or the manufacturer of the specific defective part.

Frequently Asked Questions

How long do I have to sue for a defective product in Nebraska?

Four years after the date of the death, injury, or damage complained of, under section 25-224(1), subject to the separate statute of repose in subsection (2).

Is there an outer limit beyond the four-year injury deadline?

Yes, a statute of repose. For a product manufactured in Nebraska, no action may be brought more than ten years after the product was first sold or leased for use or consumption, regardless of when the injury happened.

Does the repose period change for products made outside Nebraska?

Yes. It follows the applicable statute of repose of the state or country where the product was manufactured, but never less than ten years, and if that jurisdiction has no repose statute, only the four-year injury-based deadline applies.

Does this deadline apply to a manufacturer seeking indemnity from another liable party?

No. The limitations periods in this section don’t apply to indemnity or contribution actions brought by a manufacturer or seller against someone who is or may be liable for all or part of a judgment against them.

What deadline applies to an asbestos injury claim?

Four years after the injured person was informed by competent medical authority of the injury and that it was caused by exposure to the specified asbestos types, or four years after discovering facts that would reasonably lead to that discovery, whichever is earlier.

Can I sue a retailer for an asbestos-related strict liability claim?

Only if that seller is also the manufacturer of the product, or the manufacturer of the specific part claimed to be defective — the section bars strict-liability asbestos claims against a seller who is neither.

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: nebraska product liability statute of limitationsstatute of repose product nebraskadefective product lawsuit deadline nebraskaasbestos injury claim deadline nebraskaten year repose product manufactured