25-12,125. Rebuttable presumption; when.

(1) There shall be a rebuttable presumption that any statement secured from an injured person by an adverse person at any time within thirty days after such injuries were sustained shall have been taken under duress for purposes of a trial of any action for damages for injuries sustained by such person or for the death of such person as the result of such injuries.

(2) The presumption described in subsection (1) of this section may be rebutted by evidence. The presumption shall be deemed rebutted as a matter of law if the adverse person taking the statement discloses to the injured person prior to taking the statement:

(a) Whom he or she represents;

(b) That the injured person may make the statement in the presence of counsel or any other representative; and

Source:Laws 1988, LB 191, § 2.

Annotations

Under this section, the presumption that a statement was taken under duress may be rebutted by evidence that the statement was not made under duress. Schuemann v. Menard, Inc., 27 Neb. App. 977, 938 N.W.2d 378 (2020).