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;
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.