Nebraska Statutes 25-21,274. Motor vehicle collision with domestic animal; principles applied
(1) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by his or her personal representative or assignee or by the owner of the livestock for damages resulting from collision of a motor vehicle with any domestic animal or animals on a public highway, the following shall apply:
Terms Used In Nebraska Statutes 25-21,274
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
- Plaintiff: The person who files the complaint in a civil lawsuit.
(a) The plaintiff‘s burden of proving his or her case shall not shift at any time to the defendant;
(b) The fact of escaped livestock is not, by itself, sufficient to raise an inference of negligence against the defendant; and
(c) The standard of care shall be according to principles of ordinary negligence and shall not be strict or absolute liability.
(2) For purposes of this section, highway and motor vehicle have the same meaning as in section 39-101.