Negligence is the failure to exercise the care toward others which a reasonable person would do in the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some  duty to act.  

In order to recover in a negligence action, a plaintiff must show: 

  •  a legal duty owed by the defendant to the plaintiff; 
  •  a breach of such duty; 
  •  proximate cause; 
  •  damages. 

Nebraska is a state that uses the 50% rule of modified comparative negligence. A plaintiff is allowed to recover damages in proportion to their percentage of fault, so long as their percentage of fault is less than 50%. 

For example, in an auto claim let’s say someone turns left in front of you when you have the right of way, but you were speeding.  The other driver may be deemed 80 percent at fault, and you 20 percent at fault.   

About Jeff
Jeffrey Putnam - Omaha Workers Compensation Attorney

Jeffrey F Putnam is a personal injury attorney and workers’ compensation attorney located in Omaha, Nebraska. If you have head, neck, or back injuries from your job or an auto accident, call today.

Best of Omaha - Omaha Magazine - Workers Compensation - 2023 Winner Award
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