Torts - National Crane Corp. v. Ohio Steel Tube Co.: Economic Loss in Nebraska

Abstract

INTRODUCTION|In National Crane Corp. v. Ohio Steel Tube Co. , the Nebraska Supreme Court was asked to determine whether damages for economic loss could be recovered under a theory of strict liability in the absence of personal injury or property damage. The court held that such an action could not be maintained; in so doing, however, the court announced a change in the tort law of Nebraska. That is, while prior to this decision the theory of strict liability could only be pled if a product had caused personal injury, as a result of National Crane, property damages can be recovered under strict liability regardless of personal injury. Despite this change, the plaintiff in the case at hand was unable to plead strict liability because the property damage it had suffered was merely damage to the product itself, and in Nebraska, this is classified as an economic loss for which recovery must be had in warranty...