# Comparative fault system · Nebraska — Comparative fault system and joint and several liability rules by state

For Comparative fault system · Nebraska, state is Nebraska; rule type is Comparative fault system; fault system is Modified comparative fault (50% bar); when the plaintiff's own fault bars recovery is if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery; fault threshold is 50%, recorded from its source on 2026-08-31.

- **State:** Nebraska _(our reading, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (50% bar) _(our reading, not quoted from the source)_
- **When the plaintiff's own fault bars recovery:** if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery _(verified: appears in the quote below)_
- **Fault threshold:** 50% _(our reading, not quoted from the source)_
- **Statutory citation:** 25-21,185.09 _(verified: appears in its own passage below)_

## What the source says

> Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant's contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 25-21,185.09. Civil actions to which contributory negligence is a defense; effect on recovery.

## Source

- https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).