Nebraska Slip and Fall Settlement Calculator
Get a rough estimate of what a Nebraska slip-and-fall claim might be worth. Enter your medical bills and losses and answer a few plain questions — the tool weighs how provable the owner's fault is and your share of fault. This is an estimate to understand the factors, not a prediction or an offer.
This is a rough estimate, not a prediction or an offer.
Slip-and-fall claims turn on proving the property owner was at fault — there is no formula that predicts a settlement. This shows the factors and a wide range to help you understand value. Consult a Nebraska premises-liability attorney about your case.
Enter the medical bills and losses to see an estimated range
The multiplier method is a rough starting point, not a guarantee. Slip-and-fall value depends most on proving the owner's fault and on the available insurance. An attorney is the only way to value your specific claim. This tool is not legal advice and RecordingLaw.com is not a law firm.
How the Estimate Works
No tool can predict a slip-and-fall settlement. This calculator applies the multiplier method (pain and suffering as a multiple of your medical bills), then does something the thin online calculators skip: it weighs how provable the owner's fault is. A spill the staff caused or knew about is worth far more than a hazard nobody can show the owner knew about. It then estimates your own comparative fault from a few plain questions and applies Nebraska's rules.
Proving the Owner Was at Fault
Premises liability has four parts: a dangerous condition existed, the owner knew or should have known about it, they failed to fix it or warn you, and that caused your injury. The middle part — notice — is where most slip-and-fall cases are won or lost. Strong evidence (an incident report, photos of the hazard, surveillance video, cleaning and maintenance logs, prior complaints) is what turns a claim from a token offer into real money. A posted warning sign or cone works against you: it shows the owner did warn, and it makes the hazard "open and obvious," shifting fault onto you.
Nebraska Premises-Liability Rules
Open-and-obvious hazards. In Nebraska, an open-and-obvious hazard can defeat the claim (it negates the owner's duty). Nebraska treats an open-and-obvious hazard as a duty-negating bar, not merely a comparative-fault factor. The leading case is Sundermann v. Hy-Vee, Inc., 306 Neb. 749, 947 N.W.2d 492 (2020). Nebraska applies a five-element premises-liability test (from Aguallo v. City of Scottsbluff and Heins): the possessor is liable only if it (1) created/knew of, or by reasonable care would have discovered, the condition; (2) should have realized it involved an unreasonable risk; (3) should have expected the visitor would NOT discover or realize the danger, or would fail to protect against it; (4) failed to use reasonable care; and (5) the condition proximately caused the harm. Under the "open and obvious doctrine," a possessor is not liable to an invitee for harm caused by a condition whose danger is known or obvious, because element (3) cannot be met. In Sundermann the court held, as a matter of law, that the obvious danger of parking in a drive aisle to use the air compressor defeated the claim — the possessor had no reason to anticipate the visitor would fail to protect herself, so the claim failed as a matter of law. The obviousness can still leave a duty where the possessor should anticipate harm despite the obvious nature (distracted/unavoidable-hazard exception), but the doctrine operates at the duty/no-liability stage, making Nebraska a "bar" jurisdiction rather than a pure comparative-fault one. The Nebraska Court of Appeals reaffirmed this framework in Johansen v. Reed Pwr LLC (2025).
Ice and snow. Nebraska applies an ordinary reasonable-care duty to ice and snow, so a poorly-maintained walkway can support a claim. Nebraska does NOT follow the no-duty "natural accumulation rule" of Illinois/Ohio. A landowner owes a duty of ordinary reasonable care to all lawful visitors, including with respect to naturally accumulated ice and snow, analyzed under the multi-factor reasonable-care/foreseeability standard. The foundational case is Heins v. Webster County, 250 Neb. 750, 552 N.W.2d 51 (1996) — itself an ice-and-snow slip-and-fall on hospital entrance steps — which abolished the common-law invitee/licensee distinction and imposed a single duty of reasonable care to all lawful entrants, with liability turning on foreseeability of harm, reasonableness of inspection/repair/warning, and the burden of correction. Ice/snow slip-and-fall claims are accordingly litigated under ordinary negligence (whether the possessor used reasonable care given notice and foreseeability), not under a categorical no-duty natural-accumulation rule. Cities may also impose, by ordinance, sidewalk snow/ice-removal duties on abutting owners, but the baseline common-law rule is reasonable care, not no-duty.
Public property. If you fell on government property, Nebraska requires a formal notice of claim — often within about 365 days, much shorter than the normal deadline. For falls on municipal/county (political-subdivision) property, the Political Subdivisions Tort Claims Act requires a written claim to the governing body within ONE YEAR (365 days) after the claim accrues, or it is "forever barred." Neb. Rev. Stat. § 13-919(1): "Every claim against a political subdivision permitted under the Political Subdivisions Tort Claims Act shall be forever barred unless within one year after such claim accrued the claim is made in writing to the governing body." Filing the written claim is a condition precedent to suit; suit must then be commenced within two years of accrual. The claim must be delivered to the official who maintains the subdivision's records (county clerk for counties; city/village clerk for municipalities). For STATE property, the parallel State Tort Claims Act (Neb. Rev. Stat. § 81-8,227) sets a two-year limitation with a written claim filed with the Risk Manager / State Claims Board. Use
Your Fault & the Deadline to File
Nebraska follows modified comparative negligence (50% bar). Your award is reduced by your share of fault, and you recover nothing once you are 50% or more at fault.
Neb. Rev. Stat. 25-21,185.09 provides that a claimant's contributory negligence diminishes damages proportionately but does NOT bar recovery UNLESS the claimant's negligence is "equal to or greater than the total negligence of all persons against whom recovery is sought," in which case recovery is totally barred. "Equal to or greater than" 50% = barred, so this is a modified-50 jurisdiction (a plaintiff exactly 50% at fault recovers nothing; at 49% they recover 51% of damages). Fault is compared against the combined total negligence of all defendants from whom recovery is sought.
Nebraska generally requires a slip-and-fall lawsuit to be filed within 4 years of the fall (the statute of limitations). PI = 4 years (Neb. Rev. Stat. 25-207). Med-mal/professional negligence = 2 years (25-222, with discovery/repose provisions). Wrongful death = 2 years from death (30-810). Tolling applies for minors (under 21), persons of unsound mind, and the imprisoned (25-213). Source: Sundermann v. Hy-Vee, Inc., 306 Neb. 749, 947 N.W.2d 492 (2020) (open and obvious); Heins v. Webster County, 250 Neb. 750, 552 N.W.2d 51 (1996) (reasonable-care duty to all lawful visitors / no natural-accumulation no-duty rule); Neb. Rev. Stat. § 13-919 (Political Subdivisions Tort Claims Act notice/limitation); Neb. Rev. Stat. § 81-8,227 (State Tort Claims Act); Neb. Rev. Stat. § 25-207 (4-year PI SOL)..
- Open-and-obvious is a DUTY BAR in Nebraska: under Sundermann v. Hy-Vee (306 Neb. 749, 2020), an obvious hazard means the possessor had no reason to expect the visitor would fail to protect themselves, so the claim fails as a matter of law — unless the possessor should still anticipate harm (distracted or unavoidable hazard).
- Nebraska rejects the no-duty 'natural accumulation rule.' Heins v. Webster County (250 Neb. 750, 1996) — an ice-and-snow fall — imposes a single reasonable-care duty to all lawful visitors, so ice/snow slip-and-falls are judged under ordinary negligence and foreseeability, not a categorical no-liability rule.
- Suing a city or county? File a WRITTEN notice of claim within ONE YEAR of the fall under Neb. Rev. Stat. § 13-919 (Political Subdivisions Tort Claims Act) — missing it forever bars the claim. Then suit within two years.
- Suing the STATE? The State Tort Claims Act (Neb. Rev. Stat. § 81-8,227) requires a written claim to the State Claims Board / Risk Manager and a two-year filing window.
- Nebraska uses a modified-comparative-negligence (50%) bar: a plaintiff recovers only if their fault is LESS than the combined negligence of the defendant(s); the general personal-injury statute of limitations is 4 years (Neb. Rev. Stat. § 25-207).
Frequently Asked Questions
How much is my Nebraska slip and fall claim worth?
No one can tell you a number in advance, and slip-and-fall is harder than a car accident because you must prove the owner was at fault. A rough estimate adds your economic damages and a pain-and-suffering multiplier, discounts it by how provable the owner's fault is, and reduces it for your share of fault under Nebraska's modified comparative negligence (50% bar) rule. The available insurance also caps recovery — an attorney is the only way to value your specific case.
Does a "wet floor" sign hurt my Nebraska claim?
Yes, usually. A posted warning shows the owner satisfied part of their duty to warn and makes the hazard "open and obvious," which shifts fault onto you. In Nebraska, an open-and-obvious hazard can defeat the claim (it negates the owner's duty). It reduces — and sometimes defeats — a claim, but not always (a hidden or inadequate sign may not help the owner).
Can I sue for a fall on ice or snow in Nebraska?
Nebraska applies an ordinary reasonable-care duty to ice and snow, so a poorly-maintained or unaddressed icy walkway can support a claim, subject to your own comparative fault. This is general information, not legal advice — consult a Nebraska attorney.
How long do I have to file in Nebraska?
Generally 4 years from the fall. If you fell on public property, a much shorter notice-of-claim deadline (around 365 days) applies first. PI = 4 years (Neb. Rev. Stat. 25-207). Med-mal/professional negligence = 2 years (25-222, with discovery/repose provisions). Wrongful death = 2 years from death (30-810). Tolling applies for minors (under 21), persons of unsound mind, and the imprisoned (25-213).
Is this calculator accurate?
It is a rough estimate to show the factors that drive value — not a prediction or an offer. Slip-and-fall outcomes vary enormously and depend on proving fault and on the available insurance. Treat any number here as a ballpark and consult a Nebraska attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. The value of a slip-and-fall claim can only be assessed by a licensed attorney reviewing your specific facts.