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★ Nebraska · fracture

Fracture settlements
in Nebraska.

By 9 min read

Two Nebraska women broke a hip after tripping near a restaurant entrance. One jury awarded $260,000 for a fall on a Village Inn entryway rug, and the Supreme Court removed a 25 percent cut for her own fault. The other woman lost because she could not show a defect in the sidewalk outside a Lincoln restaurant.

Facts that decide a fracture claim in Nebraska

Fault must be provenA jury should not be asked to reduce an award for your negligence unless evidence supports it; in Pantano the 25 percent reduction was removed.Pantano v. American Blue Ribbon Holdings (Neb. 2019)
Fault ruleYour own negligence reduces the award in proportion, but if it is “equal to or greater than the total negligence” of those you sue, “the claimant shall be totally barred from recovery.”Neb. Rev. Stat. § 25-21,185.09, quoted in Lear (Neb. App. 2025)
Defect on the dayA fall claim needs evidence that the sidewalk or floor was dangerous at the time of the fall, not just that the plaintiff tripped there.Fuller v. Burrito Builders Lincoln 102 (Neb. App. 2023)
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Nebraska's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Nebraska. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ NE · reported fracture outcomes

What Nebraska courts have awarded.

Real Nebraska decisions and verdicts, each linked to the court record or official report.

  • Pantano v. American Blue Ribbon Holdings
    Nebraska Supreme Court · 2019
    $260,000 judgment

    Arlene Pantano broke her hip when she tripped on an entryway rug at a Village Inn. She and her husband both died before trial, and the suit continued through their estates. The jury awarded $245,000 for her estate and $15,000 for his, but found her 25 percent negligent, so judgment was $195,000. The Supreme Court held the evidence did not support her negligence and raised the judgment to $260,000.

  • Fuller v. Burrito Builders Lincoln 102
    Nebraska Court of Appeals · 2023
    Summary judgment for defendants affirmed

    In January 2016 Fuller fell on the sidewalk outside Pancheros Mexican Grill on North 66th Street in Lincoln, broke her left hip and needed surgery and rehabilitation. She said she tripped on raised concrete at the entrance. The court held there was no evidence of a dangerous condition on the sidewalk that day and affirmed judgment for the restaurant, building owner and manager.

★ NE · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Nebraska.

  1. 1

    Photograph the rug, curb or concrete right away; Fuller lost for lack of proof of the defect.

  2. 2

    Contest a fault reduction that the evidence does not support, as the Pantano estates did.

  3. 3

    Claims survive death in Nebraska; both Pantano estates recovered.

★ NE · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Neb. Rev. Stat. § 25-207, § 44-2828

★ NE · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ NE · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Nebraska.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Nebraska's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Nebraska · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
★ NE · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of NE
Nebraska overview

Fault rule, statute, caps, and key facts for Nebraska as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Nebraska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Nebraska. See /methodology, /sources, and /disclaimer.