Nebraska § 48-107 Employer's liability; employee's willful negligence; burden of proof

Nebraska Statutes

§ 48-107 — Employer's liability; employee's willful negligence; burden of proof

Nebraska § 48-107

Ch. 48Labor

This text of Nebraska § 48-107 (Employer's liability; employee's willful negligence; burden of proof) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 48-107 (2026).

Text

In all actions at law brought pursuant to sections  48-101  to  48-108  the burden of proof to establish willful negligence of the injured employee shall be on the defendant.

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Legislative History

Source: Laws 1913, c. 198, § 7, p. 580; R.S.1913, § 3648; C.S.1922, § 3030; C.S.1929, § 48-107; R.S.1943, § 48-107. Annotations: The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972). Mere negligence of employee is not sufficient to preclude recovery, but such conduct must be shown as manifests a reckless disregard of consequences coupled with a consciousness that injury will naturally or probably result. Richards v. Abts, 136 Neb. 741, 287 N.W. 199 (1939). Burden is on employer to establish willful negligence, and he must prove a deliberate act knowingly done or conduct evidencing reckless indifference to his own safety on part of employee. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).