A person may not bring or maintain a civil action seeking recovery for any injuries or damages sustained from exposure or potential exposure to COVID-19 on or after May 26, 2021, if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.
§ 25-3603.Exposure or potential exposure to COVID-19; civil action; when permitted.
Article 36: COVID-19 Liability Act · Last amended 2021 · Last verified July 22, 2026
In one sentenceThis section bars a civil action for injury or damages from exposure or potential exposure to COVID-19 occurring on or after May 26, 2021, if the conduct alleged to have breached a duty of care substantially complied with the federal public health guidance applicable at the time.
Full Text of § 25-3603
Source
Laws 2021, LB139, § 3.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
Plain-English Summary
Section 25-3603 is the operative liability limit in the COVID-19 Liability Act. A person may not bring or maintain a civil action seeking recovery for injuries or damages from exposure or potential exposure to COVID-19 occurring on or after May 26, 2021, if the act or omission alleged to have violated a duty of care substantially complied with any federal public health guidance applicable to the person, place, or activity at issue at the time of the exposure or potential exposure.
The word “substantially” matters: the defense turns on substantial compliance with the applicable guidance, not on flawless adherence to every recommendation. Because the defense is tied to guidance from the CDC, CMS, or federal OSHA as defined in section 25-3602, whether the limit applies in a given case depends on identifying which federal guidance applied to the specific person, place, or activity at the relevant time and whether the defendant’s conduct substantially matched it.
Frequently Asked Questions
Can someone sue a business for COVID-19 exposure if the business followed CDC guidance?
Generally no, if the business substantially complied with the federal public health guidance applicable to its operations at the time of the exposure or potential exposure, and the exposure occurred on or after May 26, 2021.
What date does this liability limit start applying to?
Exposure or potential exposure occurring on or after May 26, 2021.
What does “substantial compliance” mean under this section?
It means the defendant’s conduct matched the applicable federal guidance in substance, without requiring perfect or literal compliance with every detail of that guidance.
Does the guidance have to be legally binding to count under this section?
No. The definition in section 25-3602 covers written or oral guidance from the CDC, CMS, or federal OSHA, regardless of whether that guidance carries independent legal force.
Who decides what guidance applied to a specific place or activity?
The court hearing the civil action, based on the guidance that was applicable to the particular person, place, or activity at the time of the alleged exposure.
Does this section bar every COVID-19-related lawsuit?
No. It bars civil actions seeking recovery for injuries or damages from exposure or potential exposure to COVID-19 where the defendant substantially complied with the applicable federal guidance; claims outside that scope are not addressed by this section.
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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