§76-1. Rights of others must be respected.
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. R.L. 1910, § 992.
§76-1.1. Parent or child not answerable for other’s act.
Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law. R.L.1910, § 4383. Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000. Renumbered from § 20 of Title 10 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2009.
§76-10.1. Landowners encouraged to make land available to public for recreational purposes – Limitation on liability – Definitions – Applicability of section to land and attached roads, water and structures used primarily for farming or ranching activities.
A. 1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands. 2. As […]
§76-100. Beginning of limitations period – Separate claims for nonmalignant conditions and cancer.
A. Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period shall not begin to run until the exposed person or claimant discovers, or through the exercise of reasonable diligence should have discovered, that the exposed person or […]
§76-100.1. Applicability of act.
EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act shall apply to all asbestos or silica claims filed on or after the effective date of this act. The Asbestos and Silica Claims Priorities Act shall also apply to any pending asbestos or silica claims in which trial has not commenced by the effective date of […]
§76-101. Severe weather shelter – Immunity from suit.
Any entity or individual that provides access to a safe place in times of severe weather shall not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused by the willful […]
§76-102. Short title – Innocent Successor Asbestos-Related Liability Fairness Act.
SHORT TITLE. This act shall be known and may be cited as the “Innocent Successor Asbestos-Related Liability Fairness Act”. Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 72, which was derived from Laws 2009, c. 228, § 66, which […]
§76-103. Definitions.
DEFINITIONS. As used in the Innocent Successor Asbestos-Related Liability Fairness Act: 1. “Asbestos claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: a.the health effects of exposure to asbestos, including any claim for: (1)personal injury […]
§76-104. Applicability.
APPLICABILITY. A. The limitations in Section 5 of this act shall apply to any innocent successor corporation. B. The limitations in Section 5 of this act shall not apply to: 1. Workers’ compensation benefits paid by or on behalf of an employer to an employee under this state’s Workers’ Compensation Act or a comparable workers’ […]
§76-105. Limitations on successor asbestos-related liabilities.
LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES. A. Except as further limited in subsection B of this section, the cumulative successor asbestos-related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The innocent successor corporation […]
§76-106. Establishing fair market value of total gross assets.
ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS. A. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 5 of this act through any method reasonable under the circumstances, including: 1. By reference to the going concern value of the assets or […]
§76-107. Adjustment.
ADJUSTMENT. A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of: 1. The prime rate as listed in the first edition of “The Wall Street Journal” […]
§76-108. Scope of act.
SCOPE OF ACT. The courts of this state shall construe the provisions of the Innocent Successor Asbestos-Related Liability Fairness Act liberally with regard to innocent successors. Nothing in this act shall be construed to limit the liability of the transferor, except to the extent the transferor is or becomes a successor. Added by Laws 2013, […]
§76-109. Effective date.
EFFECTIVE DATE. The Innocent Successor Asbestos-Related Liability Fairness Act shall apply to all asbestos claims filed against an innocent successor on or after the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act. The Innocent Successor Asbestos-Related Liability Fairness Act shall also apply to any pending asbestos claims against an innocent successor in which […]
§76-111. Limitations on liability for exposure to COVID-19.
A. As used in this section: 1. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease; 2. “Guidance” means written guidelines related to COVID-19 issued by the Centers for Disease Control and Prevention, Occupational Safety and Health Administration of the United States Department of Labor, […]
§76-112. Short title – COVID-19 Product Protection Act – Limitations on liability.
A. This section shall be known and may be cited as the “COVID-19 Product Protection Act”. B. As used in this act: 1. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease; 2. “COVID-19 public health emergency” means any emergency declared by the Governor of […]
§76-16.1. Unauthorized use of or entry upon real property or improvements thereto – Immunity from liability.
A. An owner, lessee or occupant of real property or any structures or improvements thereto owes no duty of care to keep the premises safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity if the entry or use by another person is unauthorized or […]
§76-17. Medical malpractice – Reporting of the claim to licensing board.
Whenever a claim of personal injury is made against any practitioner of the healing arts or a licensed hospital, a report shall be made to the appropriate licensing board or agency by the liability insurer of such practitioner or hospital within sixty (60) days after receipt of information that a claim is being made. In […]
§76-18. Limitation of action.
An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through […]
§76-19. Access to medical records – Copies – Waiver of privilege – Exception for inmates when threat to safety or security of self or institution.
A. 1. Any person who is or has been a patient of a doctor, hospital or other medical institution shall be entitled, upon request, to obtain access to the information contained in the patient’s medical records including any x-ray or other photograph or image, pathology slide or the patient’s medical bills. Disclosure regarding a deceased […]