Strict Tort Liability in Nebraska: Recent Developments in Perspective

Abstract

INTRODUCTION|In the area of products liability, the doctrine of strict tort liability has attracted a great deal of scholarly attention. Nevertheless, the case law involving strict tort liability in some jurisdictions, such as Nebraska, is relatively sparse. Consequently, the Nebraska Supreme Court has not had the opportunity to fully analyze the plethora of issues involved in strict liability. Nor has the court had the opportunity to fully develop the theoretical foundation for strict liability. This lack of opportunity has hindered the court's treatment of those issues which must be resolved on the basis of the theoretical foundation chosen. The current state of strict tort liability in Nebraska has been further complicated by the legislative enactment of a bill placing significant restrictions on products liability actions. This article will examine the Nebraska case law to determine whether there is a coherent rationale underlying strict liability and will evaluate the practical and theoretical impact that the recent legislation may have on strict tort liability in Nebraska...