1. By: Steve Smith Nebraska Attorney Smith, Snyder, Petitt, Hofmeister & Snyder 1904 1 st Avenue, P.O. Box 1204 Scottsbluff, NE 69363-1204

2. Political subdivisions have sovereign immunity except as waived by the Legislature. Irrigation Districts, Public Power and Irrigation Districts and Reclamation Districts as political subdivisions of the State of Nebraska, may be held liable for tort claims defined as: “Tort claim shall mean any claim against a political subdivision for money only on account of damage to or loss of property or on account of personal injury or death, caused by the negligent or wrongful act or omission of any employee of the political subdivision, while acting within the scope of his or her office or employment, under circumstances in which the political subdivision, if a private person, would be liable to the claimant for such damage, loss, injury, or death…” Neb. Reb. Stat. §13-903(4).

3. Claimant is given one year after claim accrues in which to file a claim and two years in which to file suit if the claim is denied or not acted upon. Ordinary negligence is defined as the doing of something that a reasonably careful person would not do under similar circumstances, or the failing to do something that a reasonably careful person would do under similar circumstances.

4. The essential elements of any negligence action are duty, breach of duty, proximate cause, and damages. The duty in a negligence case is to conform to the legal standard of reasonable conduct in light of the apparent risk. Numerous exemptions for political subdivisions which preserve governmental immunity, including exercise of discretionary functions and recreational activities with inherent risk (no fee). Neb. Rev. Stat. §13-910

5. Limits of Liability $1,000,000 for any person for any number of claims arising out of a single occurrence $5,000,000 for all claims arising out of a single occurrence Neb. Rev. Stat. §13-926 Mutual Irrigation Companies: Liable for negligent acts and omissions. Not subject to Political Subdivision Tort Claims Act, therefore there is a 4 year statute of limitation which generally applies and there are no liability caps or statutory exemptions.

6. Seepage Damages Public Power and Irrigation Districts are strictly liable for “all breaks, overflow and seepage damage”. Neb. Rev. Stat. §70-671 Irrigation Districts and Reclamation Districts are generally strictly liable for seepage damages caused by the operation of its irrigation facilities. Halstead v. Farmers Irrigation District, 200 Neb. 314, 263 N.W.2d 475 (1978). Mutual Irrigation Companies are not strictly liable for these types of damages, but are held to negligence standards. Case Study: Hardt v. Short-Line Irr. Dist., 214 Neb. 612 (1983) Bauer v. Pathfinder Irr. Dist. (District Court, Scotts Bluff County, Nebraska)

7. Workers’ Compensation Limited to scheduled payments and benefits for specific workplace injuries and impairments. Neb. Rev. Stat. §48-101 et seq.

8. Insurance Coverage Issues Careful review and informed explanations of policy language for coverage and exclusions and the insurance companies defense obligations. Prompt written notification to insurance carrier of any claim or damage/injury event. For political subdivisions, if the policy covers acts and omissions which are excluded under Neb. Reb. Stat. §13-910, coverage is provided to a claimant for an event covered by the insurance policy.