[Rev. 2/10/2015 4:00:50
PM--2014R2]
CHAPTER 41 - ACTIONS AND PROCEEDINGS IN
PARTICULAR CASES CONCERNING PERSONS
CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS
NRS 41.010 Commencement
of action; service of summons upon State Controller.
NRS 41.020 Attorney
General to defend; appeals.
NRS 41.030 State
Controller to draw warrant upon final judgment.
LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES AND POLITICAL SUBDIVISIONS
General Provisions
NRS 41.0305 “Political
subdivision” defined.
NRS 41.0307 “Employee,”
“employment,” “immune contractor,” “public officer” and “officer” defined.
NRS 41.0308 Volunteer
crossing guard for county school district deemed employee of political
subdivision of State if volunteer has completed approved training.
NRS 41.0309 Employee
of or volunteer for public fire-fighting agency deemed employee of State or
political subdivision of State.
Waiver of Sovereign Immunity
NRS 41.031 Waiver
applies to State and its political subdivisions; naming State as defendant;
service of process; State does not waive immunity conferred by Eleventh
Amendment.
Conditions and Limitations on Actions
NRS 41.032 Acts
or omissions of officers, employees and immune contractors.
NRS 41.0322 Actions
by persons in custody of Department of Corrections to recover compensation for
loss or injury.
NRS 41.0325 Negligence
or willful misconduct of minor driver in legal custody of State.
NRS 41.0327 Injuries
arising from acts incident to certain solicitations of charitable contributions.
NRS 41.033 Failure
to inspect or discover hazards, deficiencies or other matters; inspection does
not create warranty or assurance concerning hazards, deficiencies or other
matters.
NRS 41.0331 Construction
of fence or other safeguard around dangerous condition at abandoned mine.
NRS 41.0332 Acts
or omissions of volunteer school crossing guards.
NRS 41.0333 Acts
or omissions of members or employees of Nevada National Guard.
NRS 41.0334 Persons
engaged in certain criminal acts in or on public buildings or vehicles;
exceptions.
NRS 41.0335 Actions
against certain officers and employees of political subdivisions for acts or
omissions of other persons.
NRS 41.0336 Acts
or omissions of firefighters or law enforcement officers.
NRS 41.03365 Actions
concerning equipment or personal property donated in good faith to volunteer
fire department.
NRS 41.0337 State
or political subdivision to be named party defendant.
Legal Representation
NRS 41.03375 Definitions.
NRS 41.03377 “Local
judicial officer” defined.
NRS 41.0338 “Official
attorney” defined.
NRS 41.03385 “State
judicial officer” defined.
NRS 41.0339 Circumstances
under which official attorney to provide defense or employ special counsel.
NRS 41.0341 Time
for filing responsive pleading.
NRS 41.03415 Determination
by official attorney whether or not to tender defense.
NRS 41.0342 Arrangements
and circumstances of defense not admissible in evidence.
NRS 41.0343 Waiver
of attorney-client privilege may not be required.
NRS 41.03435 Employment
of special counsel by Attorney General.
NRS 41.0344 Employment
of special counsel by chief legal officer or attorney of political subdivision.
NRS 41.0345 Defense
may be tendered to insurer authorized to defend action.
NRS 41.03455 Defendant
may employ own counsel.
NRS 41.0346 Withdrawal
of official attorney as attorney of record.
NRS 41.0347 Liability
of State or political subdivision for failure to provide defense.
NRS 41.03473 Provisions
providing for defense by official attorney do not abrogate, alter or affect
immunity or protection provided by law.
Verdict, Judgment, Damages and Indemnification
NRS 41.03475 No
judgment against State or political subdivision permitted for acts outside
scope of public duties or employment; exception.
NRS 41.0348 Special
verdict required.
NRS 41.0349 Indemnification
of present or former public officer, employee, immune contractor or State
Legislator.
NRS 41.035 Limitation
on award for damages in tort actions.
Miscellaneous Provisions
NRS 41.036 Filing
tort claim against State with Attorney General; filing tort claim against
political subdivision with governing body; review and investigation by Attorney
General of tort claim against State; regulations by State Board of Examiners.
NRS 41.037 Administrative
settlement of claims or actions.
NRS 41.0375 Agreement
to settle: Prohibited contents; required contents; constitutes public record;
void under certain circumstances.
NRS 41.038 Insurance
of officers, employees and immune contractors of State or local government
against liability.
NRS 41.0385 Claims
made against state agencies and local governments for tortious conduct: Annual
filing of summary of claims with Secretary of State or clerk of local
government; summaries of claims are public records.
NRS 41.039 Filing
of valid claim against political subdivision condition precedent to
commencement of action against immune contractor, employee or officer.
ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION
WITH CONFISCATION OF FIREARM
NRS 41.0395 Person
from whom firearm is unlawfully confiscated may commence action against State
or political subdivision responsible for confiscation; court in which action
may be commenced; court shall award attorney’s fees and costs.
APPOINTMENT OF ELISORS
NRS 41.040 Appointment
and bond of elisor.
NRS 41.050 Execution
of process by elisor.
NRS 41.060 Arrest
and confinement of sheriff in a civil action.
NRS 41.070 Powers,
duties and fees of elisors.
GOVERNMENTAL PRIVILEGES, IMMUNITIES AND LIMITATIONS ON
LIABILITY
NRS 41.071 Legislative
privilege and immunity for State Legislators.
NRS 41.075 Limitations
on liability of Committee on Local Government Finance.
ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT
NRS 41.085 Heirs
and personal representatives may maintain action.
LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER IN
RESIDENCE
NRS 41.095 Presumption
that person using deadly force against intruder in person’s residence has reasonable
fear of death or bodily injury; “residence” defined.
SURVIVAL OF CAUSES OF ACTION
NRS 41.100 Cause
of action not lost by reason of death; damages; recovery for loss arising out
of unfair practice regarding policy of life insurance; subrogation.
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR
DEFAULT
NRS 41.130 Liability
for personal injury.
NRS 41.1305 Liability
of person who serves, sells or furnishes alcoholic beverages for damages caused
as a result of consumption of alcoholic beverage: No liability if person served
is 21 years of age or older; liability in certain circumstances if person
served is under 21 years of age; exception to liability; damages, attorney’s
fees and costs.
NRS 41.131 Limitation
on basis of liability of manufacturers and distributors of firearms and
ammunition.
NRS 41.1315 Limitation
on liability of property owner for injury or damage on sidewalk in public
right-of-way.
NRS 41.133 Conviction
of crime is conclusive evidence of facts necessary to impose civil liability
for related injury.
NRS 41.134 Action
for damages for injuries resulting from acts of domestic violence; award of
costs and attorney’s fees to injured person.
NRS 41.1345 Action
for damages for injuries resulting from unlawful use, possession, sale or
transfer of personal identifying information; award of costs and attorney’s
fees to injured person; punitive damages; limitation on time for commencement
of action.
NRS 41.135 Limitation
on liability of victims of certain crimes for injury or damage sustained by
offender.
NRS 41.139 Actions
by peace officers, firefighters and emergency medical attendants for injury
resulting from willful acts or negligent management of property; employer not
liable.
NRS 41.1393 Discharge
of duty to warn trespasser against dangerous condition.
NRS 41.1395 Action
for damages for injury or loss suffered by older or vulnerable person from
abuse, neglect or exploitation; double damages; attorney’s fees and costs.
NRS 41.1396 Action
for damages for injury suffered by victim of pornography involving minors;
presumed statutory damages; attorney’s fees and costs; protection of victim’s
identity; limitation on defenses.
NRS 41.1397 Liability
of owner or operator of house of prostitution for employment of prostitute
tested positive for exposure to human immunodeficiency virus.
NRS 41.1398 Action
for damages for unlawful disclosure of certain confidential information
relating to victim of sexual assault.
NRS 41.1399 Action
by victim of human trafficking; venue; damages and other relief; attorney’s
fees and costs; statute of limitations; joinder of parties; limitation on
defenses.
COMPARATIVE NEGLIGENCE
NRS 41.141 When
comparative negligence not bar to recovery; jury instructions; liability of
multiple defendants.
PROCEDURE FOR EVIDENCING DOMICILE
NRS 41.191 Declaration
of domicile in Nevada.
NRS 41.193 Declaration
of domicile in other state.
NRS 41.195 Signing
and recording of declaration; fee.
NRS 41.197 Other
methods of proving domicile not repealed or abrogated.
PROCEDURE FOR COMPROMISING CLAIMS OF MINORS
NRS 41.200 Compromise
by parent or guardian of claim by minor against third person; requirements of
court petition; establishment of blocked financial investment for proceeds of
compromise; no fees to be charged in proceedings.
PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO VITAL
STATISTICS
NRS 41.209 Applicability.
NRS 41.210 District
courts empowered to establish date and place of birth and parentage.
NRS 41.220 Procedure;
examination of records by State Registrar of Vital Statistics.
NRS 41.230 Hearing.
NRS 41.240 Court
order establishing facts as presented to court.
NRS 41.250 Recording
of decree.
NRS 41.260 No
fees to be charged by clerk.
PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS
NRS 41.270 Verified
petition.
NRS 41.280 When
publication of notice is required.
NRS 41.290 Order
of court; hearing on objections; disposition and rescission of order.
PROCEEDINGS FOR JUDICIAL DECLARATION OF SANITY
NRS 41.300 Insane
persons; presumption of legal capacity on discharge.
NRS 41.310 Adjudication
of sanity.
NRS 41.320 Petition
seeking restoration of status as sane; notice.
NRS 41.325 Notice
of adjudication of sanity to be given to Administrative Officer and Medical
Director of Northern Nevada Adult Mental Health Services.
NRS 41.330 Conduct
of proceedings by county officers; no fees to be charged.
LIBEL IN NEWSPAPER; SLANDER BY RADIO OR TELEVISION BROADCAST
NRS 41.331 Definitions.
NRS 41.332 “Actual
malice” defined.
NRS 41.333 “Exemplary
damages” defined.
NRS 41.334 “General
damages” defined.
NRS 41.335 “Special
damages” defined.
NRS 41.336 Special
damages; notice and demand for correction.
NRS 41.337 General,
special and exemplary damages.
NRS 41.338 Correction
before demand.
LIABILITY FOR DEFAMATORY STATEMENTS PUBLISHED OR UTTERED OVER BROADCASTING STATIONS
NRS 41.340 Liability
of owners or operators of broadcasting stations for defamation published by
another; exercise of due care.
NRS 41.350 Liability
of owner or operator originating broadcast.
NRS 41.360 Liability
when broadcast cannot be censored.
LIABILITY OF PERSONS CONVICTED OF PERJURY OR SUBORNATION OF
PERJURY
NRS 41.365 Action
for damages.
ABOLISHMENT OF CERTAIN CAUSES OF ACTION
NRS 41.370 Public
policy against causes of action for breach of promise, alienation of affections
and criminal conversation.
NRS 41.380 Causes
of action abolished.
NRS 41.390 Time
for commencing accrued causes of action for criminal conversation.
NRS 41.400 Act
or contract gives no right of action.
NRS 41.410 Unlawful
to file actions after July 1, 1979.
NRS 41.420 Penalty.
JURISDICTION OVER PROCEEDINGS IN WHICH INDIANS ARE PARTIES
NRS 41.430 Conditions
for jurisdiction of State of Nevada.
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATION BY
IMMEDIATE MEMBER OF FAMILY
NRS 41.440 Imposition
of liability.
NRS 41.450 Operator
to be made party defendant; recourse on recovery of judgment.
NRS 41.460 When
debtor in possession or long-term lessee deemed owner of motor vehicle.
LIABILITY OF PARENTS AND GUARDIANS FOR MINOR’S ACT OF
NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN DAMAGE
NRS 41.470 Imposition
of liability for minor’s willful misconduct.
NRS 41.472 Imposition
of liability for minor’s negligence or willful misconduct regarding firearm.
LIABILITY OF NONPROFIT CORPORATIONS, ASSOCIATIONS,
ORGANIZATIONS OR TRUSTS FOR THEIR ACTS OR ACTS OF AGENTS, EMPLOYEES OR SERVANTS
NRS 41.480 Imposition
of liability; conditions and limitations on actions based on acts and omissions
of officers or directors.
NRS 41.485 Conditions
and limitations on actions: Acts and omissions of volunteers of charitable
organizations.
LIABILITY OF PERSONS IN CONNECTION WITH FOOD DISTRIBUTED
WITHOUT CHARGE
NRS 41.491 Limitations
on liability.
LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE OR GRATUITOUS
CARE
NRS 41.500 General
rule; volunteers; members of search and rescue organization; persons rendering
cardiopulmonary resuscitation or using defibrillator; presumptions relating to
emergency care rendered on public school grounds or in connection with public
school activities; business or organization that has defibrillator for use on
premises.
NRS 41.503 Hospital
care or assistance necessitated by traumatic injury; presumption regarding
follow-up care.
NRS 41.504 Physicians,
physician assistants and registered nurses who give instruction or provide
supervision to emergency medical attendant during emergency; emergency medical
attendants, physician assistants and nurses who obey instruction given by
physician, physician assistant or nurse during emergency.
NRS 41.505 Physicians,
physician assistants, nurses and dentists.
NRS 41.506 Physicians,
physician assistants and nurses who render certain emergency obstetrical care;
licensed medical facilities in which certain emergency obstetrical care is
rendered.
NRS 41.507 Volunteer
emergency medical dispatchers and volunteer medical directors of agencies which
employ emergency medical dispatchers.
LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSE
REPORTS OF CRIMES OR EMERGENCIES
NRS 41.508 Civil
action brought by public agency; award of costs and attorney’s fees.
LIABILITY OF PERSONS WHO PROVIDE FALSE INFORMATION RELATING TO
POSTADOPTIVE CONTACT AGREEMENT
NRS 41.509 Action
brought by natural parent; recovery; liability not exclusive.
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TO
PERSONS USING PREMISES FOR RECREATIONAL PURPOSES
NRS 41.510 Limitation
of liability; exceptions for malicious acts if consideration is given or other
duty exists.
ACTIONS BY SHAREHOLDERS AGAINST CORPORATIONS AND ASSOCIATIONS TO ENFORCE SECONDARY RIGHTS
NRS 41.520 Contents
and verification of complaint; motion to require plaintiff to furnish security;
order; recourse of corporation or association to security.
PRIVATE ACTIONS TO ENFORCE STATUTORY OR REGULATORY CONTROLS
FOR ENVIRONMENTAL PROTECTION
NRS 41.540 Action
may be brought against person causing pollution, impairment or destruction of
air, water or other natural resources.
NRS 41.550 Security
for and apportionment of costs.
NRS 41.560 Relief
which may be granted.
NRS 41.570 Provisions
supplementary to existing administrative or regulatory provisions.
LIABILITY OF RECEIVER OF STOLEN PROPERTY
NRS 41.580 Action
by owner of property; treble damages.
LENDERS’ LIABILITY
NRS 41.590 Lender
not liable for defects in property acquired with borrowed money.
FRAUD UPON PURCHASERS; MISREPRESENTATION
NRS 41.600 Actions
by victims of fraud.
NRS 41.610 Actions
against seller or manufacturer of unapproved drug for misrepresentation of its
therapeutic effect.
LIABILITY REGARDING NEGOTIABLE INSTRUMENTS AND CREDIT AND
DEBIT CARDS
NRS 41.620 Liability
for issuance on nonexistent account or drawing on insufficient money; liability
for use of invalid credit or debit card.
LIABILITY OF PERSONS WHO OFFICIATE SPORTING EVENTS
NRS 41.630 Limitations
of liability.
LIABILITY OF PERSONS WHO ENGAGE IN RIGHT TO PETITION OR FREE
SPEECH IN DIRECT CONNECTION WITH AN ISSUE OF PUBLIC CONCERN
NRS 41.635 Definitions.
NRS 41.637 “Good
faith communication in furtherance of the right to petition or the right to
free speech in direct connection with an issue of public concern” defined.
NRS 41.640 “Political
subdivision” defined.
NRS 41.650 Limitation
of liability.
NRS 41.660 Attorney
General or chief legal officer of political subdivision may defend or provide
support to person sued for engaging in right to petition or free speech in
direct connection with an issue of public concern; special counsel; filing
special motion to dismiss; stay of discovery; adjudication upon merits.
NRS 41.670 Award
of reasonable costs, attorney’s fees and monetary relief under certain
circumstances; separate action for damages; sanctions for frivolous or
vexatious special motion to dismiss; interlocutory appeal.
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS MOTIVATED
BY CHARACTERISTICS OF VICTIM
NRS 41.690 Cause
of action for damages resulting from criminal violation if perpetrator was
motivated by certain characteristics of victim.
LIABILITY OF PERSONS WHO FURNISH OR ALLOW USE OF CONTROLLED
SUBSTANCE
NRS 41.700 Liability
for damages caused by use of controlled substance; damages; attorney’s fees and
costs.
LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL
THAT INCLUDE ADVERTISEMENTS
NRS 41.705 Definitions.
NRS 41.710 “Advertisement”
defined.
NRS 41.715 “Electronic
mail” defined.
NRS 41.720 “Network”
defined.
NRS 41.725 “Recipient”
defined.
NRS 41.730 Action
for damages; exceptions; injunctive relief.
NRS 41.735 Immunity
for persons who provide users with access to network; applicability to items of
electronic mail obtained voluntarily.
LIABILITY OF PERSONS WHO KILL OR INJURE PET OF ANOTHER PERSON
NRS 41.740 Damages
for which person who kills or injures pet of another person is liable; punitive
and noneconomic damages may not be awarded; limitation on amount of damages;
exceptions.
LIABILITY OF EMPLOYERS FOR CERTAIN ACTS
NRS 41.745 Liability
of employer for intentional conduct of employee; limitations.
NRS 41.750 Limitations
on liability of employer for damages arising from or relating to child care
provided to children of employee.
NRS 41.755 Limitations
on liability of employer who discloses information regarding employee to
prospective employer of employee; exceptions.
_________
NOTE: Section 5 of chapter 538, Statutes
of Nevada 2013, at p. 3504, has been codified as NRS 701.680.
CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS
NRS 41.010 Commencement of action; service of summons upon State
Controller. An officer or person
who has presented a claim against the State:
1. For services or advances authorized by
law, and for which an appropriation has been made, but of which the amount has
not been fixed by law; or
2. For refund of an overpayment,
Ê which claim
the State Board of Examiners or the State Controller has refused to allow, in
whole or in part, may commence an action in any court having jurisdiction of
the amount, for the recovery of such portion of the claim as has been rejected.
In such action, the State of Nevada must be named as defendant, and the summons
must be served upon the State Controller, and the action must proceed as other
civil actions to final judgment.
[1911 CPA § 711; RL § 5653; NCL § 9200]—(NRS A 1967,
720; 1969, 1117; 2003,
627)
NRS 41.020 Attorney General to defend; appeals. The
Attorney General shall defend all such actions on the part of the State. The
State Controller shall cause to be subpoenaed and examined such witnesses and
procure and cause to be introduced such documentary evidence as the State
Controller shall deem necessary for the defense. Appeals may be taken in all
such actions by the State Controller or the Attorney General in behalf of the
State.
[1911 CPA § 712; RL § 5654; NCL § 9201]—(NRS A 1969,
1117)
NRS 41.030 State Controller to draw warrant upon final judgment. Upon the presentation of a certified copy of a
final judgment in favor of the claimant in any such action, the State
Controller shall draw a warrant in favor of the claimant for the amount awarded
by the judgment.
[1911 CPA § 713; RL § 5655; NCL § 9202]
LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES
AND POLITICAL SUBDIVISIONS
General Provisions
NRS 41.0305 “Political subdivision” defined. As
used in NRS 41.0305 to 41.039,
inclusive, the term “political subdivision” includes an organization that was
officially designated as a community action agency pursuant to 42 U.S.C. § 2790
before that section was repealed and is included in the definition of an
“eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing
Authority, an airport authority created by special act of the Legislature, a
regional transportation commission and a fire protection district, irrigation
district, school district, governing body of a charter school, any other
special district that performs a governmental function, even though it does not
exercise general governmental powers, and the governing body of a university
school for profoundly gifted pupils.
(Added to NRS by 1977, 455; A 1987, 95, 701, 740, 1395; 1989, 1723; 1993, 1210; 1995, 814; 1997, 1035; 1999, 3319; 2001, 826; 2005, 2429)
NRS 41.0307 “Employee,” “employment,” “immune contractor,” “public officer”
and “officer” defined. As used in NRS 41.0305 to 41.039,
inclusive:
1. “Employee” includes an employee of a:
(a) Part-time or full-time board, commission or
similar body of the State or a political subdivision of the State which is
created by law.
(b) Charter school.
(c) University school for profoundly gifted
pupils described in chapter 392A of NRS.
2. “Employment” includes any services
performed by an immune contractor.
3. “Immune contractor” means any natural
person, professional corporation or professional association which:
(a) Is an independent contractor with the State
pursuant to NRS 333.700; and
(b) Contracts to provide medical services for the
Department of Corrections.
Ê As used in
this subsection, “professional corporation” and “professional association” have
the meanings ascribed to them in NRS 89.020.
4. “Public officer” or “officer” includes:
(a) A member of a part-time or full-time board,
commission or similar body of the State or a political subdivision of the State
which is created by law.
(b) A public defender and any deputy or assistant
attorney of a public defender or an attorney appointed to defend a person for a
limited duration with limited jurisdiction.
(c) A district attorney and any deputy or
assistant district attorney or an attorney appointed to prosecute a person for
a limited duration with limited jurisdiction.
(Added to NRS by 1977, 1536; A 1981, 247; 1987, 95, 539; 1989, 695; 1991, 142; 1993, 2261; 1997, 914; 1999, 3319; 2001
Special Session, 213; 2003, 329; 2005, 2430; 2009, 2231)
NRS 41.0308 Volunteer crossing guard for county school district deemed
employee of political subdivision of State if volunteer has completed approved
training. For the purposes of NRS 41.0305 to 41.039,
inclusive, a person who volunteers to a county school district or to a local
law enforcement agency to serve as a crossing guard for a county school
district shall be deemed an employee of a political subdivision of the State if
the person has successfully completed a training course in traffic safety that
has been approved by a local law enforcement agency.
(Added to NRS by 1995, 98)
NRS 41.0309 Employee of or volunteer for public fire-fighting agency deemed
employee of State or political subdivision of State. For
the purposes of NRS 41.0305 to 41.039, inclusive, an employee of or volunteer for a
public fire-fighting agency shall be deemed an employee of the State or a
political subdivision of the State.
(Added to NRS by 1993, 874)
Waiver of Sovereign Immunity
NRS 41.031 Waiver applies to State and its political subdivisions; naming
State as defendant; service of process; State does not waive immunity conferred
by Eleventh Amendment.
1. The State of Nevada hereby waives its
immunity from liability and action and hereby consents to have its liability
determined in accordance with the same rules of law as are applied to civil
actions against natural persons and corporations, except as otherwise provided
in NRS 41.032 to 41.038,
inclusive, 485.318, subsection 3 and
any statute which expressly provides for governmental immunity, if the claimant
complies with the limitations of NRS 41.010 or the
limitations of NRS 41.032 to 41.036,
inclusive. The State of Nevada further waives the immunity from liability and
action of all political subdivisions of the State, and their liability must be
determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038,
inclusive, subsection 3 and any statute which expressly provides for
governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036,
inclusive.
2. An action may be brought under this
section against the State of Nevada or any political subdivision of the State.
In any action against the State of Nevada, the action must be brought in the
name of the State of Nevada on relation of the particular department,
commission, board or other agency of the State whose actions are the basis for
the suit. An action against the State of Nevada must be filed in the county
where the cause or some part thereof arose or in Carson City. In an action
against the State of Nevada, the summons and a copy of the complaint must be
served upon:
(a) The Attorney General, or a person designated
by the Attorney General, at the Office of the Attorney General in Carson City;
and
(b) The person serving in the office of
administrative head of the named agency.
3. The State of Nevada does not waive its
immunity from suit conferred by Amendment XI of the Constitution of the United
States.
(Added to NRS by 1965, 1413; A 1975, 209, 421; 1977, 275; 1979, 628; 1987, 95; 1989, 695; 1991, 142; 1993, 148, 824, 1501, 2489, 2491, 2492; 1995, 583, 639; 1997, 473; 2003, 329)
Conditions and Limitations on Actions
NRS 41.032 Acts or omissions of officers, employees and immune contractors. Except as provided in NRS 278.0233 no action may be brought
under NRS 41.031 or against an immune contractor or
an officer or employee of the State or any of its agencies or political
subdivisions which is:
1. Based upon an act or omission of an
officer, employee or immune contractor, exercising due care, in the execution
of a statute or regulation, whether or not such statute or regulation is valid,
if the statute or regulation has not been declared invalid by a court of
competent jurisdiction; or
2. Based upon the exercise or performance
or the failure to exercise or perform a discretionary function or duty on the
part of the State or any of its agencies or political subdivisions or of any
officer, employee or immune contractor of any of these, whether or not the
discretion involved is abused.
(Added to NRS by 1965, 1413; A 1967, 992; 1977, 1536; 1983, 2100; 1987, 540)
NRS 41.0322 Actions by persons in custody of Department of Corrections to
recover compensation for loss or injury.
1. A person who is or was in the custody
of the Department of Corrections may not proceed with any action against the
Department or any of its agents, former officers, employees or contractors to
recover compensation for the loss of the person’s personal property, property
damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted the
person’s administrative remedies provided by NRS
209.243 and the regulations adopted pursuant thereto.
2. The filing of an administrative claim
pursuant to NRS 209.243 is not a
condition precedent to the filing of an action pursuant to NRS 41.031.
3. An action filed by a person in
accordance with this section before the exhaustion of the person’s
administrative remedies must be stayed by the court in which the action is
filed until the administrative remedies are exhausted. The court shall dismiss
the action if the person has not timely filed the person’s administrative claim
pursuant to NRS 209.243.
4. If a person has exhausted the person’s
administrative remedies and has filed and is proceeding with a civil action to
recover compensation for the loss of the person’s personal property, property
damage, personal injuries or any other claim arising out of a tort, the Office
of the Attorney General must initiate and conduct all negotiations for
settlement relating to that action.
(Added to NRS by 1993, 1210; A 1995, 1517; 2001
Special Session, 213)
NRS 41.0325 Negligence or willful misconduct of minor driver in legal
custody of State. No action may be
commenced pursuant to subsection 2 of NRS
483.300 against the State, a county or an officer or employee of the State
or a county for damages caused by the negligence or willful misconduct of a
minor driver whose application for a driver’s license was signed by the officer
or employee while the minor was in the legal custody of the State or county.
(Added to NRS by 1989, 695; A 2005, 1043)
NRS 41.0327 Injuries arising from acts incident to certain solicitations of
charitable contributions. No
action may be brought under NRS 41.031 or against
an officer or employee of the State or any of its agencies or political
subdivisions which is based upon any injuries to any person or property arising
from or incident to the act of solicitation permitted pursuant to NRS 244.3555, 268.423 or 408.601.
(Added to NRS by 1991, 142)
NRS 41.033 Failure to inspect or discover hazards, deficiencies or other
matters; inspection does not create warranty or assurance concerning hazards,
deficiencies or other matters.
1. No action may be brought under NRS 41.031 or against an officer or employee of the
State or any of its agencies or political subdivisions which is based upon:
(a) Failure to inspect any building, structure,
vehicle, street, public highway or other public work, facility or improvement
to determine any hazards, deficiencies or other matters, whether or not there
is a duty to inspect; or
(b) Failure to discover such a hazard, deficiency
or other matter, whether or not an inspection is made.
2. An inspection conducted with regard to
a private building, structure, facility or improvement constitutes a public
duty and does not warrant or ensure the absence of any hazard, deficiency or
other matter.
(Added to NRS by 1965, 1413; A 1967, 993; 1977, 1537; 1993, 2886)
NRS 41.0331 Construction of fence or other safeguard around dangerous
condition at abandoned mine. A
person, the State of Nevada, any political subdivision of the State, any agency
of the State or any agency of its political subdivisions is immune from civil
liability for damages sustained as a result of any act or omission by the
person, State, political subdivision or agency in constructing, or causing to
be constructed, pursuant to standards prescribed by the Commission on Mineral
Resources, a fence or other safeguard around an excavation, shaft, hole or
other dangerous condition at an abandoned mine for which the person, State,
political subdivision or agency is not otherwise responsible.
(Added to NRS by 1989, 1556)
NRS 41.0332 Acts or omissions of volunteer school crossing guards. County school districts and local law
enforcement agencies are not liable for the negligent acts or omissions of a
person who volunteers to serve as a crossing guard, unless:
1. The volunteer made a specific promise
or representation to a natural person who relied upon the promise or
representation to the person’s detriment; or
2. The conduct of the volunteer
affirmatively caused the harm.
Ê The
provisions of this section are not intended to abrogate the principle of common
law that the duty of governmental entities to provide services is a duty owed
to the public, not to individual persons.
(Added to NRS by 1995, 98)
NRS 41.0333 Acts or omissions of members or employees of Nevada National
Guard. No action may be brought
under NRS 41.031 or against the State of Nevada or
the Nevada National Guard or a member or employee of the Nevada National Guard
which action is based upon an act or omission of the member or employee while
engaged in state or federal training of the Nevada National Guard or duty as
prescribed by Title 32 of U.S.C., or regulations adopted pursuant thereto,
whether such training or duty is performed within or without the boundaries of
this state.
(Added to NRS by 1975, 209)
NRS 41.0334 Persons engaged in certain criminal acts in or on public
buildings or vehicles; exceptions.
1. Except as otherwise provided in
subsection 2, no action may be brought under NRS 41.031
or against an officer or employee of the State or any of its agencies or
political subdivisions for injury, wrongful death or other damage sustained in
or on a public building or public vehicle by a person who was engaged in any
criminal act proscribed in NRS 205.005
to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury,
wrongful death or damage was caused.
2. Subsection 1 does not apply to any
action for injury, wrongful death or other damage:
(a) Intentionally caused or contributed to by an
officer or employee of the State or any of its agencies or political
subdivisions; or
(b) Resulting from the deprivation of any rights,
privileges or immunities secured by the United States Constitution or the
Constitution of the State of Nevada.
3. As used in this section:
(a) “Public building” includes every house, shed,
tent or booth, whether or not completed, suitable for affording shelter for any
human being or as a place where any property is or will be kept for use, sale
or deposit, and the grounds appurtenant thereto; and
(b) “Public vehicle” includes every device in,
upon or by which any person or property is or may be transported or drawn upon
a public highway, waterway or airway,
Ê owned, in
whole or in part, possessed, used by or leased to the State or any of its
agencies or political subdivisions.
(Added to NRS by 1987, 94, 95; A 1995, 738; 1997, 346; 2007, 2299; 2009, 23)
NRS 41.0335 Actions against certain officers and employees of political
subdivisions for acts or omissions of other persons.
1. No action may be brought against:
(a) A sheriff or county assessor which is based
solely upon any act or omission of a deputy;
(b) A chief of a police department which is based
solely upon any act or omission of an officer of the department;
(c) A chief of a fire department which is based
solely upon any act or omission of a firefighter or other person called to
assist the department;
(d) A member of the board of trustees of a county
school district, the superintendent of schools of that school district or the
principal of a school, which is based solely upon any act or omission of a
person volunteering as a crossing guard; or
(e) A chief of a local law enforcement agency
which is based solely on any act or omission of a person volunteering as a
crossing guard.
2. This section does not:
(a) Limit the authority of the State or a
political subdivision or a public corporation of the State to bring an action
on any bond or insurance policy provided pursuant to law for or on behalf of
any person who may be aggrieved or wronged.
(b) Limit or abridge the jurisdiction of any court
to render judgment upon any such bond or insurance policy for the benefit of
any person so aggrieved or wronged.
(Added to NRS by 1969, 563; A 1987, 216; 1995, 99; 1997, 1584; 2005, 316)
NRS 41.0336 Acts or omissions of firefighters or law enforcement officers. A fire department or law enforcement agency is
not liable for the negligent acts or omissions of its firefighters or officers
or any other persons called to assist it, nor are the individual officers,
employees or volunteers thereof, unless:
1. The firefighter, officer or other
person made a specific promise or representation to a natural person who relied
upon the promise or representation to the person’s detriment; or
2. The conduct of the firefighter, officer
or other person affirmatively caused the harm.
Ê The
provisions of this section are not intended to abrogate the principle of common
law that the duty of governmental entities to provide services is a duty owed
to the public, not to individual persons.
(Added to NRS by 1987, 216; A 2005, 317)
NRS 41.03365 Actions concerning equipment or personal property donated in
good faith to volunteer fire department. No
action may be brought under NRS 41.031 or against
an immune contractor or an officer or employee of the State or any of its
agencies or political subdivisions for damages caused by any equipment or other
personal property that was provided by any of them, in good faith and without
charge, to a volunteer fire department for use by the volunteer fire department
in carrying out its duties.
(Added to NRS by 2003, 329)
NRS 41.0337 State or political subdivision to be named party defendant.
1. No tort action arising out of an act or
omission within the scope of a person’s public duties or employment may be
brought against any present or former:
(a) Local judicial officer or state judicial
officer;
(b) Officer or employee of the State or of any
political subdivision;
(c) Immune contractor; or
(d) State Legislator,
Ê unless the
State or appropriate political subdivision is named a party defendant under NRS 41.031.
2. No tort action may be brought against a
person who is named as a defendant in the action solely because of an alleged
act or omission relating to the public duties or employment of any present or
former:
(a) Local judicial officer or state judicial
officer;
(b) Officer or employee of the State or of any
political subdivision;
(c) Immune contractor; or
(d) State Legislator,
Ê unless the
State or appropriate political subdivision is named a party defendant under NRS 41.031.
3. As used in this section:
(a) “Local judicial officer” has the meaning
ascribed to it in NRS 41.03377.
(b) “State judicial officer” has the meaning
ascribed to it in NRS 41.03385.
(Added to NRS by 1975, 896; A 1977, 481, 1537; 1979, 1731; 1987, 540; 2013, 1494)
Legal Representation
NRS 41.03375 Definitions. As used
in NRS 41.03375 to 41.03473,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 41.03377, 41.0338
and 41.03385 have the meanings ascribed to them
in those sections.
(Added to NRS by 2013, 1494)
NRS 41.03377 “Local judicial officer” defined. “Local
judicial officer” means a justice of the peace, senior justice of the peace,
municipal judge or senior municipal judge.
(Added to NRS by 2013, 1494)
NRS 41.0338 “Official attorney” defined. “Official
attorney” means:
1. The Attorney General, in an action
which involves:
(a) A present or former state judicial officer,
State Legislator, officer or employee of this State, immune contractor or
member of a state board or commission; or
(b) A person who is named as a defendant in the
action solely because of an alleged act or omission relating to the public
duties or employment of a person listed in paragraph (a).
2. The chief legal officer or other authorized
legal representative of a political subdivision, in an action which involves:
(a) A present or former local judicial officer of
that political subdivision, a present or former officer or employee of that
political subdivision or a present or former member of a local board or
commission; or
(b) A person who is named as a defendant in the
action solely because of an alleged act or omission relating to the public
duties or employment of a person listed in paragraph (a).
(Added to NRS by 1979, 1733; A 1987, 540; 1999, 782; 2001, 63, 64; 2013, 1494)
NRS 41.03385 “State judicial officer” defined. “State
judicial officer” means a justice of the Supreme Court, senior justice, judge
of a district court or senior judge.
(Added to NRS by 2013, 1494)
NRS 41.0339 Circumstances under which official attorney to provide defense
or employ special counsel.
1. The official attorney shall provide for
the defense, including the defense of cross-claims and counterclaims, of any
present or former local judicial officer, state judicial officer, officer or
employee of the State or a political subdivision, immune contractor or State
Legislator in any civil action brought against that person based on any alleged
act or omission relating to the person’s public duties or employment, or any
other person who is named as a defendant in a civil action solely because of an
alleged act or omission relating to the public duties or employment of a local
judicial officer, state judicial officer, officer or employee of the State or a
political subdivision, immune contractor or State Legislator, if:
(a) Within 15 days after service of a copy of the
summons and complaint or other legal document commencing the action, the person
submits a written request for defense:
(1) To the official attorney; or
(2) If the officer, employee or immune
contractor has an administrative superior, to the administrator of the person’s
agency and the official attorney; and
(b) The official attorney has determined that the
act or omission on which the action is based appears to be within the course
and scope of public duty or employment and appears to have been performed or
omitted in good faith.
2. If the official attorney determines
that it is impracticable, uneconomical or could constitute a conflict of
interest for the legal service to be rendered by the official attorney or a
deputy of the official attorney, the official attorney must employ special
counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.
(Added to NRS by 1979, 1733; A 1987, 541; 2013, 1495)
NRS 41.0341 Time for filing responsive pleading. If
the complaint is filed in a court of this state:
1. The local judicial officer, state
judicial officer, officer, employee, board or commission member, State
Legislator or other person for whom the official attorney is required to
provide a defense pursuant to NRS 41.0339; and
2. The state or any political subdivision
named as a party defendant,
Ê each has 45
days after their respective dates of service to file an answer or other
responsive pleading.
(Added to NRS by 1979, 1733; A 2013, 1495)
NRS 41.03415 Determination by official attorney whether or not to tender
defense.
1. The official attorney shall determine
as promptly as possible whether or not to tender the defense of the person
submitting the request. Until the decision is made, the official attorney shall
take appropriate action to defend or otherwise protect the time of the person
submitting the request to file a responsive pleading.
2. In any case in which the official
attorney determines not to defend, the official attorney shall give written notice
to the person who requested the defense either:
(a) Ten days before the date an answer or other
responsive pleading must be filed with the court; or
(b) If the defense has been commenced, 20 days
before the time an application is made with the court to withdraw as the
attorney of record in accordance with NRS 41.0346.
(Added to NRS by 1979, 1733)
NRS 41.0342 Arrangements and circumstances of defense not admissible in
evidence. No fact pertaining to
the arrangements or circumstances by which the State or political subdivision
or any attorney thereof defends any person or does not do so is admissible in
evidence at trial or in any other proceeding in the civil action in which that
person is a defendant, except in connection with an application to withdraw as
the attorney of record.
(Added to NRS by 1979, 1734)
NRS 41.0343 Waiver of attorney-client privilege may not be required. The State or appropriate political subdivision
may not require a waiver of the attorney-client privilege as a condition of
tendering the defense of any of its officers or employees, but nothing in this
section precludes an application to withdraw as the attorney of record.
(Added to NRS by 1979, 1734)
NRS 41.03435 Employment of special counsel by Attorney General. The Attorney General may employ special
counsel whose compensation must be fixed by the Attorney General, subject to
the approval of the State Board of Examiners, if the Attorney General determines
at any time prior to trial that it is impracticable, uneconomical or could
constitute a conflict of interest for the legal service to be rendered by the
Attorney General or a deputy attorney general. Compensation for special counsel
must be paid out of:
1. The Reserve for Statutory Contingency
Account; or
2. Available federal grants or a permanent
fund in the State Treasury other than the State General Fund.
(Added to NRS by 1979, 1734; A 1991, 1751; 2013, 1053)
NRS 41.0344 Employment of special counsel by chief legal officer or attorney
of political subdivision. The
chief legal officer or attorney of a political subdivision may employ special
counsel whose compensation must be fixed by the governing body of the political
subdivision if he or she determines at any time prior to trial that it is
impracticable or could constitute a conflict of interest for the legal services
to be rendered by the chief legal officer or attorney of the political
subdivision. Compensation for special counsel must be paid by the political
subdivision.
(Added to NRS by 1979, 1734)
NRS 41.0345 Defense may be tendered to insurer authorized to defend action. The official attorney may provide for the
defense of any person who is entitled to a defense from the State or political
subdivision by tendering the defense to an insurer who, pursuant to a contract
of insurance, is authorized to defend the action.
(Added to NRS by 1979, 1734; A 1999, 782)
NRS 41.03455 Defendant may employ own counsel. At
any time after a written request for defense is submitted to the official
attorney, the person requesting the defense may employ his or her own counsel
to defend the action. At that time, the State or political subdivision is
excused from any further duty to represent that person and is not liable for
any expenses in defending the action, including court costs and attorney’s
fees.
(Added to NRS by 1979, 1734)
NRS 41.0346 Withdrawal of official attorney as attorney of record.
1. At any time after the official attorney
has appeared in any civil action and commenced to defend any person sued as a
local judicial officer, state judicial officer, public officer, employee,
immune contractor, member of a board or commission, State Legislator or any
other person defended by the official attorney pursuant to NRS 41.0339, the official attorney may apply to any
court to withdraw as the attorney of record for that person based upon:
(a) Discovery of any new material fact which was
not known at the time the defense was tendered and which would have altered the
decision to tender the defense;
(b) Misrepresentation of any material fact by the
person requesting the defense, if that fact would have altered the decision to
tender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was
material to the decision to tender the defense and which would have altered the
decision but for the mistake;
(d) Discovery of any fact which indicates that
the act or omission on which the civil action is based was not within the
course and scope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good
faith with the defense of the case; or
(f) If the action has been brought in a court of
competent jurisdiction of this state, failure to name the State or political
subdivision as a party defendant, if there is sufficient evidence to establish
that the civil action is clearly not based on any act or omission relating to
the public duties or employment of a local judicial officer, state judicial
officer, public officer, employee, immune contractor, member of a board or
commission or State Legislator.
2. If any court grants a motion to
withdraw on any of the grounds set forth in subsection 1 brought by the
official attorney, the State or political subdivision has no duty to continue
to defend any person who is the subject of the motion to withdraw.
(Added to NRS by 1979, 1734; A 1987, 541; 1999, 782; 2013, 1496)
NRS 41.0347 Liability of State or political subdivision for failure to
provide defense.
1. If the official attorney does not
provide for the defense of a present or former local judicial officer, state
judicial officer, officer, employee, immune contractor, member of a board or
commission of the State or any political subdivision or State Legislator in any
civil action in which the State or political subdivision is also a named
defendant, or which was brought in a court other than a court of competent jurisdiction
of this state, and if it is judicially determined that the injuries arose out
of an act or omission of that person during the performance of any duty within
the course and scope of the person’s public duty or employment and that the
person’s act or omission was not wanton or malicious:
(a) If the Attorney General was responsible for
providing the defense, the State is liable to that person for reasonable
expenses in prosecuting the person’s own defense, including court costs and
attorney’s fees. These expenses must be paid, upon approval by the State Board
of Examiners, from the Reserve for Statutory Contingency Account.
(b) If the chief legal officer or attorney of a
political subdivision was responsible for providing the defense, the political
subdivision is liable to that person for reasonable expenses in carrying on the
person’s own defense, including court costs and attorney’s fees.
2. If the official attorney does not
provide for the defense of a person who is named a defendant in any civil action
solely because of an alleged act or omission relating to the public duties or
employment of a present or former local judicial officer, state judicial
officer, officer or employee of the State or any political subdivision, immune
contractor or State Legislator and the State or political subdivision is also
named a defendant, or the civil action was brought in a court other than a
court of competent jurisdiction of this State, and if it is judicially
determined that the injuries arose out of an act or omission of a local
judicial officer, state judicial officer, officer or employee of the State or
any political subdivision, immune contractor or State Legislator during the
performance of any duty within the course and scope of such a person’s public duty
or employment and that the person’s act or omission was not wanton or
malicious:
(a) If the Attorney General was responsible for
providing the defense, the State is liable to the person for reasonable
expenses in prosecuting the person’s own defense, including court costs and
attorney’s fees. These expenses must be paid, upon approval by the State Board
of Examiners, from the Reserve for Statutory Contingency Account.
(b) If the chief legal officer or attorney of a
political subdivision was responsible for providing the defense, the political
subdivision is liable to that person for reasonable expenses in carrying on the
person’s own defense, including court costs and attorney’s fees.
(Added to NRS by 1979, 1735; A 1987, 542; 1991, 1751; 2013, 1496)
NRS 41.03473 Provisions providing for defense by official attorney do not
abrogate, alter or affect immunity or protection provided by law. The provisions of NRS
41.03375 to 41.03473, inclusive, do not
abrogate or otherwise alter or affect any immunity from, or protection against,
any civil action or civil liability which is provided by law to a local
judicial officer, state judicial officer, officer or employee of this State or
a political subdivision of this State, immune contractor, State Legislator,
member of a state board or commission or member of a local board or commission
for any act or omission relating to the person’s public duties or employment.
(Added to NRS by 2013, 1494)
Verdict, Judgment, Damages and Indemnification
NRS 41.03475 No judgment against State or political subdivision permitted for
acts outside scope of public duties or employment; exception. Except as otherwise provided in NRS 41.745, no judgment may be entered against the
State of Nevada or any agency of the State or against any political subdivision
of the State for any act or omission of any present or former officer,
employee, immune contractor, member of a board or commission or State
Legislator which was outside the course and scope of the person’s public duties
or employment.
(Added to NRS by 1979, 1735; A 1987, 542; 1997, 1357)
NRS 41.0348 Special verdict required. In
every action or proceeding in any court of this state in which both the State
or political subdivision and any present or former officer, employee, immune
contractor or member of a board or commission thereof or any present or former
State Legislator are named defendants, the court or jury in rendering any final
judgment, verdict, or other disposition shall return a special verdict in the
form of written findings which determine whether:
1. The individual defendant was acting
within the scope of the defendant’s public duty or employment; and
2. The alleged act or omission by the
individual defendant was wanton or malicious.
(Added to NRS by 1979, 1735; A 1987, 542)
NRS 41.0349 Indemnification of present or former public officer, employee,
immune contractor or State Legislator. In
any civil action brought against any present or former officer, employee,
immune contractor, member of a board or commission of the State or a political
subdivision or State Legislator, in which a judgment is entered against the
person based on any act or omission relating to the person’s public duty or
employment, the State or political subdivision shall indemnify the person
unless:
1. The person failed to submit a timely
request for defense;
2. The person failed to cooperate in good
faith in the defense of the action;
3. The act or omission of the person was
not within the scope of the person’s public duty or employment; or
4. The act or omission of the person was
wanton or malicious.
(Added to NRS by 1979, 1735; A 1987, 543)
NRS 41.035 Limitation on award for damages in tort actions.
1. An award for damages in an action
sounding in tort brought under NRS 41.031 or
against a present or former officer or employee of the State or any political
subdivision, immune contractor or State Legislator arising out of an act or
omission within the scope of the person’s public duties or employment may not
exceed the sum of $100,000, exclusive of interest computed from the date of
judgment, to or for the benefit of any claimant. An award may not include any
amount as exemplary or punitive damages.
2. The limitations of subsection 1 upon
the amount and nature of damages which may be awarded apply also to any action
sounding in tort and arising from any recreational activity or recreational use
of land or water which is brought against:
(a) Any public or quasi-municipal corporation
organized under the laws of this State.
(b) Any person with respect to any land or water
leased or otherwise made available by that person to any public agency.
(c) Any Indian tribe, band or community whether
or not a fee is charged for such activity or use. The provisions of this
paragraph do not impair or modify any immunity from liability or action
existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
Ê The Legislature
declares that the purpose of this subsection is to effectuate the public policy
of the State of Nevada by encouraging the recreational use of land, lakes,
reservoirs and other water owned or controlled by any public or quasi-municipal
agency or corporation of this State, wherever such land or water may be
situated.
(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073; 2007, 3024, 3025)
Miscellaneous Provisions
NRS 41.036 Filing tort claim against State with Attorney General; filing
tort claim against political subdivision with governing body; review and
investigation by Attorney General of tort claim against State; regulations by
State Board of Examiners.
1. Each person who has a claim against the
State or any of its agencies arising out of a tort must file the claim within 2
years after the time the cause of action accrues with the Attorney General.
2. Each person who has a claim against any
political subdivision of the State arising out of a tort must file the claim
within 2 years after the time the cause of action accrues with the governing
body of that political subdivision.
3. The filing of a claim in tort against
the State or a political subdivision as required by subsections 1 and 2 is not
a condition precedent to bringing an action pursuant to NRS
41.031.
4. The Attorney General shall, if
authorized by regulations adopted by the State Board of Examiners pursuant to
subsection 6, approve, settle or deny each claim that is:
(a) Filed pursuant to subsection 1; and
(b) Not required to be passed upon by the
Legislature.
5. If the Attorney General is not
authorized to approve, settle or deny a claim filed pursuant to subsection 1,
the Attorney General shall investigate the claim and submit a report of
findings to the State Board of Examiners concerning that claim.
6. The State Board of Examiners shall
adopt regulations that specify:
(a) The type of claim that the Attorney General
is required to approve, settle or deny pursuant to subsection 4; and
(b) The procedure to be used by the Attorney
General to approve, settle or deny that claim.
(Added to NRS by 1965, 1414; A 1969, 1117; 1979, 629; 1981, 1885; 1983, 103; 1993, 1502; 1997, 280)
NRS 41.037 Administrative settlement of claims or actions.
1. Upon receiving a report of findings
pursuant to subsection 5 of NRS 41.036, the State
Board of Examiners may approve, settle or deny any claim or action against the
State, any of its agencies or any of its present or former officers, employees,
immune contractors or State Legislators.
2. Upon approval of a claim by the State
Board of Examiners or the Attorney General pursuant to subsection 4 of NRS 41.036:
(a) The State Controller shall draw a warrant for
the payment of the claim; and
(b) The State Treasurer shall pay the claim from:
(1) The Fund for Insurance Premiums; or
(2) The Reserve for Statutory Contingency
Account.
3. The governing body of any political
subdivision whose authority to allow and approve claims is not otherwise fixed
by statute may:
(a) Approve, settle or deny any claim or action
against that subdivision or any of its present or former officers or employees;
and
(b) Pay the claim or settlement from any money
appropriated or lawfully available for that purpose.
(Added to NRS by 1965, 1414; A 1973, 1532; 1977, 1539; 1979, 1736; 1985, 544; 1987, 544; 1989, 310; 1991, 1752; 1997, 281)
NRS 41.0375 Agreement to settle: Prohibited contents; required contents;
constitutes public record; void under certain circumstances.
1. Any agreement to settle a claim or
action brought under NRS 41.031 or against a
present or former officer or employee of the State or any political
subdivision, immune contractor or State Legislator:
(a) Must not provide that any or all of the terms
of the agreement are confidential.
(b) Must include the amount of any attorney’s
fees and costs to be paid pursuant to the agreement.
(c) Is a public record and must be open for
inspection pursuant to NRS 239.010.
2. Any provision of an agreement to settle
a claim or action brought under NRS 41.031 or
against a present or former officer or employee of the State or any political
subdivision, immune contractor or State Legislator that conflicts with this
section is void.
(Added to NRS by 2001, 826)
NRS 41.038 Insurance of officers, employees and immune contractors of State
or local government against liability.
1. The State and any local government may:
(a) Insure itself against any liability arising
under NRS 41.031.
(b) Insure any of its officers, employees or
immune contractors against tort liability resulting from an act or omission in
the scope of the person’s employment.
(c) Insure against the expense of defending a
claim against itself or any of its officers, employees or immune contractors
whether or not liability exists on such a claim.
2. Any school district may insure any
peace officer, requested to attend any school function, against tort liability
resulting from an act or omission in the scope of the peace officer’s
employment while attending such a function.
3. As used in this section:
(a) “Insure” means to purchase a policy of
insurance or establish a self-insurance reserve or fund, or any combination
thereof.
(b) “Local government” means every political
subdivision and every other governmental entity in this State.
(Added to NRS by 1965, 1414; A 1969, 272, 564; 1977, 388; 1987, 544)
NRS 41.0385 Claims made against state agencies and local governments for
tortious conduct: Annual filing of summary of claims with Secretary of State or
clerk of local government; summaries of claims are public records.
1. On or before January 10 of each year,
for the preceding calendar year, each agency represented by the Attorney
General shall submit to the Attorney General a summary of all claims made
against the agency for tortious conduct. On or before February 1 of each year,
the Attorney General shall compile the summaries submitted pursuant to this
subsection and file the compilation with the Secretary of State. The
compilation is a public record open to inspection.
2. On or before February 1 of each year,
for the preceding calendar year, the district attorney, city attorney or other
attorney on behalf of each local government shall compile and file with the
clerk of its governing body a summary of all claims made against that
government for tortious conduct. The summary is a public record open to
inspection.
3. The claims summarized pursuant to this
section must be arranged by category of wrong alleged, such as battery, false
arrest, negligent injury, wrongful death, and the like, and divided by status
into:
(a) Claims paid;
(b) Judgments entered but unpaid; and
(c) Claims pending.
Ê A total must
be shown for each status in each category, and a total overall for each status
and each category.
4. For each claim must be shown:
(a) The name of the claimant;
(b) The amount paid, reduced to judgment, or
claimed, as the case may be, including fees and costs determined; and
(c) The type of wrong alleged.
5. A court order sealing the record of a
proceeding does not prevent the disclosure of the information required by this
section, or excuse the attorney for the state or local government from
providing that information.
(Added to NRS by 1993, 1163)
NRS 41.039 Filing of valid claim against political subdivision condition
precedent to commencement of action against immune contractor, employee or
officer. An action which is based
on the conduct of any immune contractor, employee or appointed or elected officer
of a political subdivision of the State of Nevada while in the course of the
person’s employment or in the performance of the person’s official duties may
not be filed against the immune contractor, employee or officer unless, before
the filing of the complaint in such an action, a valid claim has been filed,
pursuant to NRS 41.031 to 41.038,
inclusive, against the political subdivision for which the immune contractor,
employee or officer was authorized to act.
(Added to NRS by 1968, 27; A 1987, 96, 544)
ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION
WITH CONFISCATION OF FIREARM
NRS 41.0395 Person from whom firearm is unlawfully confiscated may commence
action against State or political subdivision responsible for confiscation;
court in which action may be commenced; court shall award attorney’s fees and
costs.
1. A person from whom a firearm is
confiscated in violation of NRS 414.155
may seek relief in a suit, action or other proceeding at law or in equity,
including, without limitation, an action for the return of the firearm,
against:
(a) The State of Nevada or a political
subdivision thereof; and
(b) The officer or employee of the State or a
political subdivision thereof or worker who confiscated or authorized the
confiscation of the firearm.
2. The proceeding may be commenced in a
court of competent jurisdiction in the county in which:
(a) The person bringing the proceeding resides;
or
(b) The firearm may be found.
3. If a person who brings a proceeding
pursuant to this section prevails, the court shall award the person, in addition
to any other remedy provided by law, reasonable attorney’s fees and costs.
4. As used in this section:
(a) “Firearm” has the meaning ascribed to it in NRS 414.0355.
(b) “Worker” has the meaning ascribed to it in NRS 414.110.
(Added to NRS by 2007, 359)
APPOINTMENT OF ELISORS
NRS 41.040 Appointment and bond of elisor. Process
and orders in an action or proceeding may be executed in any county by a person
designated by the court or the judge thereof of the county in which the action
or proceeding is pending, and denominated an elisor, in the following cases:
1. When the sheriff is a party.
2. When there is a vacancy in the office
of sheriff.
3. When it shall be made to appear by
affidavit to the satisfaction of the court in which the suit or proceeding is
pending, or the judge thereof, that the sheriff, by reason of any bias,
prejudice or other cause, would not act promptly or impartially. The court or
judge may require such person so appointed to give a bond with sufficient
security, in such amount and with such condition, to the person to be served,
as the court or judge may deem necessary to secure the rights of the party.
[1911 CPA § 553; RL § 5495; NCL § 9042]
NRS 41.050 Execution of process by elisor. When
process is delivered to an elisor, the elisor shall execute it in the same
manner as the sheriff is required to execute similar process in other cases.
[1911 CPA § 554; RL § 5496; NCL § 9043]
NRS 41.060 Arrest and confinement of sheriff in a civil action. If the sheriff, on being arrested by an
elisor, or if another, on being arrested in an action in which the sheriff is a
party, upon an order of arrest in a civil action, neglect to give bail or make
a deposit of money instead thereof, or if he or she be arrested on execution
against his or her body, or on a warrant of attachment, he or she shall be
confined in a house other than the house of the sheriff or the county jail, in
the same manner as the sheriff is required to confine a prisoner in the county
jail. The house in which he or she is thus confined shall thereupon become, for
that purpose, the county jail.
[1911 CPA § 555; RL § 5497; NCL § 9044]
NRS 41.070 Powers, duties and fees of elisors. An
elisor appointed to execute process and orders in the cases mentioned in NRS 41.040 shall be invested with the powers, duties
and responsibilities of the sheriff in the execution of such process or orders
and in every matter incidental thereto, and shall be entitled to the same fees
as a sheriff would be entitled to for like services.
[1911 CPA § 556; RL § 5498; NCL § 9045]
GOVERNMENTAL PRIVILEGES, IMMUNITIES AND LIMITATIONS ON
LIABILITY
NRS 41.071 Legislative privilege and immunity for State Legislators.
1. The Legislature hereby finds and
declares that:
(a) The Framers of the Nevada Constitution
created a system of checks and balances so that the constitutional powers
separately vested in the Legislative, Executive and Judicial Departments of
State Government may be exercised without intrusion from the other Departments.
(b) As part of the system of checks and balances,
the constitutional doctrines of separation of powers and legislative privilege
and immunity facilitate the autonomy of the Legislative Department by
curtailing intrusions by the Executive or Judicial Department into the sphere
of legitimate legislative activities.
(c) The constitutional doctrines of separation of
powers and legislative privilege and immunity protect State Legislators from
having to defend themselves, from being held liable and from being questioned
or sanctioned in administrative or judicial proceedings for speech, debate,
deliberation and other actions performed within the sphere of legitimate
legislative activity.
(d) Under the constitutional doctrines of
separation of powers and legislative privilege and immunity, State Legislators
must not be hindered or obstructed by executive or judicial oversight that
realistically threatens to control their conduct as Legislators.
(e) Under the constitutional doctrines of
separation of powers and legislative privilege and immunity, State Legislators
must be free to represent the interests of their constituents with assurance
that they will not later be called to task for that representation by the other
branches of government.
(f) Under the constitutional doctrines of
separation of powers and legislative privilege and immunity, State Legislators
must not be questioned or sanctioned by the other branches of government for
their actions in carrying out their core or essential legislative functions.
(g) Under the constitutional doctrines of
separation of powers and legislative privilege and immunity, the only
governmental entity that may question or sanction a State Legislator for any
actions taken within the sphere of legitimate legislative activity is the
Legislator’s own House pursuant to Section
6 of Article 4 of the Nevada Constitution.
(h) Therefore, the purpose and effect of this
section is to implement the constitutional doctrines of separation of powers
and legislative privilege and immunity by codifying in statutory form the
constitutional right of State Legislators to be protected from having to defend
themselves, from being held liable and from being questioned or sanctioned in
administrative or judicial proceedings for speech, debate, deliberation and
other actions performed within the sphere of legitimate legislative activity.
2. For any speech or debate in either
House, a State Legislator shall not be questioned in any other place.
3. In interpreting and applying the
provisions of this section, the interpretation and application given to the
constitutional doctrines of separation of powers and legislative privilege and
immunity under the Speech or Debate Clause of Section 6 of Article I of the
Constitution of the United States must be considered to be persuasive
authority.
4. The rights, privileges and immunities
recognized by this section are in addition to any other rights, privileges and
immunities recognized by law.
5. As used in this section, “State
Legislator” or “Legislator” means a member of the Senate or Assembly of the
State of Nevada.
(Added to NRS by 2009, 1042)
NRS 41.075 Limitations on liability of Committee on Local Government
Finance. No cause of action may be
brought against the Committee on Local Government Finance created pursuant to NRS 354.105, or any of its members, which
is based upon:
1. Any act or omission in the execution
of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, or any policy or plan
adopted pursuant thereto, whether or not such statute, policy or plan is valid,
if the statute, policy or plan has not been declared invalid by a court of
competent jurisdiction; or
2. The exercise or performance or the
failure to exercise or perform a discretionary function or duty on the part of
the Committee on Local Government Finance or member thereof, whether or not the
discretion involved is abused.
(Added to NRS by 1995, 145; A 1997, 573; 2001, 1819; 2005, 1394)
ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT
NRS 41.085 Heirs and personal representatives may maintain action.
1. As used in this section, “heir” means a
person who, under the laws of this State, would be entitled to succeed to the
separate property of the decedent if the decedent had died intestate. The term
does not include a person who is deemed to be a killer of the decedent pursuant
to chapter 41B of NRS, and such a person
shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.
2. When the death of any person, whether
or not a minor, is caused by the wrongful act or neglect of another, the heirs
of the decedent and the personal representatives of the decedent may each
maintain an action for damages against the person who caused the death, or if
the wrongdoer is dead, against the wrongdoer’s personal representatives,
whether the wrongdoer died before or after the death of the person injured by
the wrongdoer. If any other person is responsible for the wrongful act or
neglect, or if the wrongdoer is employed by another person who is responsible
for the wrongdoer’s conduct, the action may be maintained against that other
person, or if the other person is dead, against the other person’s personal
representatives.
3. An action brought by the heirs of a
decedent pursuant to subsection 2 and the cause of action of that decedent
brought or maintained by the decedent’s personal representatives which arose
out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective
damages in the action brought pursuant to subsection 2 and the court or jury
may award each person pecuniary damages for the person’s grief or sorrow, loss
of probable support, companionship, society, comfort and consortium, and
damages for pain, suffering or disfigurement of the decedent. The proceeds of
any judgment for damages awarded under this subsection are not liable for any
debt of the decedent.
5. The damages recoverable by the personal
representatives of a decedent on behalf of the decedent’s estate include:
(a) Any special damages, such as medical
expenses, which the decedent incurred or sustained before the decedent’s death,
and funeral expenses; and
(b) Any penalties, including, but not limited to,
exemplary or punitive damages, that the decedent would have recovered if the
decedent had lived,
Ê but do not
include damages for pain, suffering or disfigurement of the decedent. The
proceeds of any judgment for damages awarded under this subsection are liable
for the debts of the decedent unless exempted by law.
(Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354)
LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER
IN RESIDENCE
NRS 41.095 Presumption that person using deadly force against intruder in
person’s residence has reasonable fear of death or bodily injury; “residence”
defined.
1. For the purposes of NRS 41.085 and 41.130, any
person who uses, while lawfully in his or her residence or in transient
lodging, force which is intended or likely to cause death or bodily injury is
presumed to have had a reasonable fear of imminent death or bodily injury to
himself or herself or another person lawfully in the residence or transient
lodging if the force is used against a person who is committing burglary or
invasion of the home and the person using the force knew or had reason to
believe that burglary or invasion of the home was being committed. An action to
recover damages for personal injuries to or the wrongful death of the person
who committed burglary or invasion of the home may not be maintained against
the person who used such force unless the presumption is overcome by clear and
convincing evidence to the contrary.
2. As used in this section, “residence”
means any house, room, apartment, tenement or other building, vehicle, vehicle
trailer, semitrailer, house trailer or boat designed or intended for occupancy
as a residence.
(Added to NRS by 1989, 1798)
SURVIVAL OF CAUSES OF ACTION
NRS 41.100 Cause of action not lost by reason of death; damages; recovery
for loss arising out of unfair practice regarding policy of life insurance;
subrogation.
1. Except as otherwise provided in this
section and NRS 179A.230, no cause of
action is lost by reason of the death of any person, but may be maintained by
or against the person’s executor or administrator.
2. In an action against an executor or
administrator, any damages may be awarded which would have been recovered
against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily
for the sake of example or to punish the defendant.
3. Except as otherwise provided in this
subsection, when a person who has a cause of action dies before judgment, the
damages recoverable by the decedent’s executor or administrator include all
losses or damages which the decedent incurred or sustained before the
decedent’s death, including any penalties or punitive and exemplary damages
which the decedent would have recovered if the decedent had lived, and damages
for pain, suffering or disfigurement and loss of probable support,
companionship, society, comfort and consortium. This subsection does not apply
to the cause of action of a decedent brought by the decedent’s personal
representatives for the decedent’s wrongful death.
4. The executor or administrator of the
estate of a person insured under a policy of life insurance may recover on
behalf of the estate any loss, including, without limitation, consequential
damages and attorney’s fees, arising out of the commission of an act that
constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.
5. This section does not prevent
subrogation suits under the terms and conditions of an uninsured motorists’
provision of an insurance policy.
[1:21:1937; 1931 NCL § 240.01]—(NRS A 1960, 322;
1967, 408; 1969, 285; 1979, 458; 1987, 1768; 1989, 485; 1997, 227)
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR
DEFAULT
NRS 41.130 Liability for personal injury. Except
as otherwise provided in NRS 41.745, whenever any
person shall suffer personal injury by wrongful act, neglect or default of
another, the person causing the injury is liable to the person injured for
damages; and where the person causing the injury is employed by another person
or corporation responsible for the conduct of the person causing the injury,
that other person or corporation so responsible is liable to the person injured
for damages.
[1911 CPA § 707; RL § 5649; NCL § 9196]—(NRS A 1997, 1357)
NRS 41.1305 Liability of person who serves, sells or furnishes alcoholic
beverages for damages caused as a result of consumption of alcoholic beverage:
No liability if person served is 21 years of age or older; liability in certain
circumstances if person served is under 21 years of age; exception to
liability; damages, attorney’s fees and costs.
1. A person who serves, sells or otherwise
furnishes an alcoholic beverage to another person who is 21 years of age or
older is not liable in a civil action for any damages caused by the person to
whom the alcoholic beverage was served, sold or furnished as a result of the
consumption of the alcoholic beverage.
2. Except as otherwise provided in this
section, a person who:
(a) Knowingly serves, sells or otherwise
furnishes an alcoholic beverage to an underage person; or
(b) Knowingly allows an underage person to
consume an alcoholic beverage on premises or in a conveyance belonging to the
person or over which the person has control,
Ê is liable in
a civil action for any damages caused by the underage person as a result of the
consumption of the alcoholic beverage.
3. The liability created pursuant to
subsection 2 does not apply to a person who is licensed to serve, sell or
furnish alcoholic beverages or to a person who is an employee or agent of such
a person for any act or failure to act that occurs during the course of
business or employment and any such act or failure to act may not be used to
establish proximate cause in a civil action and does not constitute negligence
per se.
4. A person who prevails in an action
brought pursuant to subsection 2 may recover the person’s actual damages,
attorney’s fees and costs and any punitive damages that the facts may warrant.
5. As used in this section, “underage
person” means a person who is less than 21 years of age.
(Added to NRS by 1995, 2667; A 2007, 589)
NRS 41.131 Limitation on basis of liability of manufacturers and
distributors of firearms and ammunition.
1. No person has a cause of action against
the manufacturer or distributor of any firearm or ammunition merely because the
firearm or ammunition was capable of causing serious injury, damage or death,
was discharged and proximately caused serious injury, damage or death. This
subsection is declaratory and not in derogation of the common law.
2. This section does not affect a cause of
action based upon a defect in design or production. The capability of a firearm
or ammunition to cause serious injury, damage or death when discharged does not
make the product defective in design.
(Added to NRS by 1985, 1469)
NRS 41.1315 Limitation on liability of property owner for injury or damage
on sidewalk in public right-of-way. No
person who owns property is liable in a civil action for any injury or damage
that occurs as a result of the use of a sidewalk in a public right-of-way that
abuts the person’s property, unless the person:
1. Failed to comply with an ordinance
adopted pursuant to paragraph (d) of subsection 2 of NRS 278.02313; or
2. Created a dangerous condition that
caused the injury or damage.
(Added to NRS by 2003, 1738)
NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to
impose civil liability for related injury. If
an offender has been convicted of the crime which resulted in the injury to the
victim, the judgment of conviction is conclusive evidence of all facts
necessary to impose civil liability for the injury.
(Added to NRS by 1985, 968)
NRS 41.134 Action for damages for injuries resulting from acts of domestic
violence; award of costs and attorney’s fees to injured person. A person who has suffered injury as the
proximate result of an act that constitutes domestic violence pursuant to NRS 33.018 may bring an action to recover
for the person’s actual damages, including, without limitation, damage to any
real or personal property. If the person who suffered injury prevails in such
an action, the court shall award the person costs and reasonable attorney’s
fees.
(Added to NRS by 1997, 1811)
NRS 41.1345 Action for damages for injuries resulting from unlawful use,
possession, sale or transfer of personal identifying information; award of
costs and attorney’s fees to injured person; punitive damages; limitation on
time for commencement of action.
1. A person who has suffered injury as the
proximate result of a violation of the provisions of NRS 205.463, 205.464 or 205.465 may commence an action for the
recovery of the person’s actual damages, costs and reasonable attorney’s fees
and for any punitive damages that the facts may warrant.
2. An action described in subsection 1
must be commenced not later than 2 years after the person who suffered the
injury discovers the facts constituting the violation of the provisions of NRS 205.463, 205.464 or 205.465.
(Added to NRS by 1999, 1346; A 2007, 48)
NRS 41.135 Limitation on liability of victims of certain crimes for injury
or damage sustained by offender. A
person who is convicted of committing or attempting to commit:
1. A felony;
2. An act that would have been a felony if
committed by an adult; or
3. A misdemeanor or gross misdemeanor that
constitutes domestic violence pursuant to NRS
33.018,
Ê may not
bring an action against the victim or the estate of the victim for injuries
sustained by the offender or damage to property of the offender that occurred
during the course of the crime or delinquent act.
(Added to NRS by 1985, 968; A 1989, 1453; 1997, 2, 1811)
NRS 41.139 Actions by peace officers, firefighters and emergency medical
attendants for injury resulting from willful acts or negligent management of
property; employer not liable.
1. Except as otherwise provided in
subsection 2, a peace officer, firefighter or emergency medical attendant may
bring and maintain an action for damages for personal injury caused by the
willful act of another person, or by another person’s lack of ordinary care or
skill in the management of the person’s property, if the conduct causing the
injury:
(a) Occurred after the person who caused the
injury knew or should have known of the presence of the peace officer,
firefighter or emergency medical attendant;
(b) Was intended to injure the peace officer,
firefighter or emergency medical attendant;
(c) Violated a statute, ordinance or regulation:
(1) Intended to protect the peace officer,
firefighter or emergency medical attendant; or
(2) Prohibiting resistance to or requiring
compliance with an order of a peace officer or firefighter; or
(d) Was arson.
2. This section does not impose liability
on the employer of the peace officer, firefighter or emergency medical
attendant.
3. As used in this section:
(a) “Emergency medical attendant” means a person
licensed as an attendant or certified as an emergency medical technician,
advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS.
(b) “Peace officer” has the meaning ascribed to
it in NRS 169.125.
(Added to NRS by 1985, 151; A 1991, 457; 2005, 317; 2013, 951)
NRS 41.1393 Discharge of duty to warn trespasser against dangerous
condition. In any case where there
is a duty to warn a trespasser against a dangerous condition of the premises,
that duty is discharged by painting, at intervals of not more than 200 feet on
each side of the premises, upon or near the boundary, a post, structure or
natural object with not less than 50 square inches of fluorescent orange paint
or, if the post is a metal fence post, painting the entire post with such
paint.
(Added to NRS by 1987, 2087)
NRS 41.1395 Action for damages for injury or loss suffered by older or
vulnerable person from abuse, neglect or exploitation; double damages;
attorney’s fees and costs.
1. Except as otherwise provided in
subsection 3, if an older person or a vulnerable person suffers a personal
injury or death that is caused by abuse or neglect or suffers a loss of money
or property caused by exploitation, the person who caused the injury, death or
loss is liable to the older person or vulnerable person for two times the
actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance
of the evidence that a person who is liable for damages pursuant to this
section acted with recklessness, oppression, fraud or malice, the court shall
order the person to pay the attorney’s fees and costs of the person who
initiated the lawsuit.
3. The provisions of this section do not
apply to a person who caused injury, death or loss to a vulnerable person if
the person did not know or have reason to know that the harmed person was a
vulnerable person.
4. For the purposes of this section:
(a) “Abuse” means willful and unjustified:
(1) Infliction of pain, injury or mental
anguish; or
(2) Deprivation of food, shelter, clothing
or services which are necessary to maintain the physical or mental health of an
older person or a vulnerable person.
(b) “Exploitation” means any act taken by a
person who has the trust and confidence of an older person or a vulnerable
person or any use of the power of attorney or guardianship of an older person
or a vulnerable person to:
(1) Obtain control, through deception,
intimidation or undue influence, over the money, assets or property of the
older person or vulnerable person with the intention of permanently depriving
the older person or vulnerable person of the ownership, use, benefit or
possession of that person’s money, assets or property; or
(2) Convert money, assets or property of
the older person with the intention of permanently depriving the older person
or vulnerable person of the ownership, use, benefit or possession of that
person’s money, assets or property.
Ê As used in
this paragraph, “undue influence” does not include the normal influence that
one member of a family has over another.
(c) “Neglect” means the failure of a person who
has assumed legal responsibility or a contractual obligation for caring for an
older person or a vulnerable person, or who has voluntarily assumed
responsibility for such a person’s care, to provide food, shelter, clothing or
services within the scope of the person’s responsibility or obligation, which
are necessary to maintain the physical or mental health of the older person or
vulnerable person. For the purposes of this paragraph, a person voluntarily
assumes responsibility to provide care for an older or vulnerable person only
to the extent that the person has expressly acknowledged the person’s
responsibility to provide such care.
(d) “Older person” means a person who is 60 years
of age or older.
(e) “Vulnerable person” means a person who:
(1) Has a physical or mental impairment
that substantially limits one or more of the major life activities of the
person; and
(2) Has a medical or psychological record
of the impairment or is otherwise regarded as having the impairment.
Ê The term
includes, without limitation, a person who has an intellectual disability, a
person who has a severe learning disability, a person who suffers from a severe
mental or emotional illness or a person who suffers from a terminal or
catastrophic illness or injury.
(Added to NRS by 1997, 3344; A 2003, 492; 2013, 681)
NRS 41.1396 Action for damages for injury suffered by victim of pornography
involving minors; presumed statutory damages; attorney’s fees and costs;
protection of victim’s identity; limitation on defenses.
1. Any person who, while under the age of
16 years, appeared in any film, photograph or other visual presentation
engaging in sexual conduct and who suffered personal or psychological injury as
a result may bring an action against any person who, while over the age of 18
years, knowingly and willfully:
(a) Promoted the film, photograph or other visual
presentation;
(b) Possessed the film, photograph or other
visual presentation; or
(c) Used the Internet to control the film,
photograph or other visual presentation, with the specific intent to view the
film, photograph or other visual presentation.
2. A plaintiff who prevails in an action
brought pursuant to this section may recover the plaintiff’s actual damages,
which shall be deemed to be at least $150,000, plus attorney’s fees and costs.
3. A plaintiff may request to use a
pseudonym instead of the plaintiff’s name in all court proceedings and records
related to an action brought pursuant to this section. Upon notification that a
plaintiff has requested to use a pseudonym, the court shall ensure that the
pseudonym is used in all court proceedings and records.
4. It is not a defense to a cause of
action under this section that a defendant did not know the plaintiff or did
not engage in the sexual conduct with the plaintiff.
5. As used in this section:
(a) “Promote” has the meaning ascribed to it in NRS 200.700.
(b) “Sexual conduct” means sexual intercourse,
fellatio, cunnilingus, bestiality, anal intercourse, excretion,
sado-masochistic abuse, masturbation, or the penetration of any object
manipulated or inserted by a person into the genital or anal opening of the
body of another.
(Added to NRS by 2009, 2663)
NRS 41.1397 Liability of owner or operator of house of prostitution for
employment of prostitute tested positive for exposure to human immunodeficiency
virus. An owner of a house of
prostitution, the person who operates the house or the agent of either who
employs or continues to employ a prostitute after the person knows or should
know that the prostitute has tested positive in a test approved by regulation
of the State Board of Health for exposure to the human immunodeficiency virus,
is liable for any damages caused to a person exposed to the virus as a result
of the employment.
(Added to NRS by 1987, 2028)
NRS 41.1398 Action for damages for unlawful disclosure of certain
confidential information relating to victim of sexual assault. A person who has suffered injury as the
proximate result of a violation of the provisions of NRS 200.3771 to 200.3774, inclusive, may bring an action
for the recovery of the person’s actual damages and any punitive damages which
the facts may warrant.
(Added to NRS by 1993, 2478)
NRS 41.1399 Action by victim of human trafficking; venue; damages and other
relief; attorney’s fees and costs; statute of limitations; joinder of parties;
limitation on defenses.
1. Any person who is a victim of human
trafficking may bring a civil action against any person who caused, was
responsible for or profited from the human trafficking.
2. A civil action brought under this
section may be instituted in the district court of this State in the county in
which the prospective defendant resides or has committed any act which subjects
him or her to liability under this section.
3. In an action brought under this
section, the court may award such injunctive relief as the court deems
appropriate.
4. A plaintiff who prevails in an action
brought under this section may recover actual damages, compensatory damages,
punitive damages or any other appropriate relief. If a plaintiff recovers
actual damages in an action brought under this section and the acts of the
defendant were willful and malicious, the court may award treble damages to the
plaintiff. If the plaintiff prevails in an action brought under this section,
the court may award attorney’s fees and costs to the plaintiff.
5. The statute of limitations for an
action brought under this section does not commence until:
(a) The plaintiff discovers or reasonably should
have discovered that he or she is a victim of human trafficking and that the
defendant caused, was responsible for or profited from the human trafficking;
(b) The plaintiff reaches 18 years of age; or
(c) If the injury to the plaintiff results from
two or more acts relating to the human trafficking, the final act in the series
of acts has occurred,
Ê whichever is
later.
6. The statute of limitations for an
action brought under this section is tolled for any period during which the
plaintiff was under a disability. For the purposes of this subsection, a
plaintiff is under a disability if the plaintiff is insane, a person with an
intellectual disability, mentally incompetent or in a medically comatose or
vegetative state.
7. A defendant in an action brought under
this section is estopped from asserting that the action was not brought within
the statute of limitations if the defendant, or any person acting on behalf of
the defendant, has induced the plaintiff to delay bringing an action under this
section by subjecting the plaintiff to duress, threats, intimidation,
manipulation or fraud or any other conduct inducing the plaintiff to delay
bringing an action under this section.
8. In the discretion of the court in an
action brought under this section:
(a) Two or more persons may join as plaintiffs in
one action if the claims of those plaintiffs involve at least one defendant in
common.
(b) Two or more persons may be joined in one
action as defendants if those persons may be liable to at least one plaintiff
in common.
9. The consent of a victim is not a
defense to a cause of action brought under this section.
10. For the purposes of this section:
(a) A victim of human trafficking is a person
against whom a violation of any provision of NRS
200.463 to 200.468, inclusive, 201.300 or 201.320, or 18 U.S.C. § 1589, 1590 or 1591
has been committed.
(b) It is not necessary that the defendant be
investigated, arrested, prosecuted or convicted for a violation of any
provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320, or 18 U.S.C. § 1589, 1590 or 1591
to be found liable in an action brought under this section.
(Added to NRS by 2013, 2417)
COMPARATIVE NEGLIGENCE
NRS 41.141 When comparative negligence not bar to recovery; jury
instructions; liability of multiple defendants.
1. In any action to recover damages for
death or injury to persons or for injury to property in which comparative
negligence is asserted as a defense, the comparative negligence of the
plaintiff or the plaintiff’s decedent does not bar a recovery if that
negligence was not greater than the negligence or gross negligence of the
parties to the action against whom recovery is sought.
2. In those cases, the judge shall
instruct the jury that:
(a) The plaintiff may not recover if the
plaintiff’s comparative negligence or that of the plaintiff’s decedent is
greater than the negligence of the defendant or the combined negligence of
multiple defendants.
(b) If the jury determines the plaintiff is
entitled to recover, it shall return:
(1) By general verdict the total amount of
damages the plaintiff would be entitled to recover without regard to the
plaintiff’s comparative negligence; and
(2) A special verdict indicating the
percentage of negligence attributable to each party remaining in the action.
3. If a defendant in such an action
settles with the plaintiff before the entry of judgment, the comparative
negligence of that defendant and the amount of the settlement must not
thereafter be admitted into evidence nor considered by the jury. The judge
shall deduct the amount of the settlement from the net sum otherwise
recoverable by the plaintiff pursuant to the general and special verdicts.
4. Where recovery is allowed against more
than one defendant in such an action, except as otherwise provided in
subsection 5, each defendant is severally liable to the plaintiff only for that
portion of the judgment which represents the percentage of negligence attributable
to that defendant.
5. This section does not affect the joint
and several liability, if any, of the defendants in an action based upon:
(a) Strict liability;
(b) An intentional tort;
(c) The emission, disposal or spillage of a toxic
or hazardous substance;
(d) The concerted acts of the defendants; or
(e) An injury to any person or property resulting
from a product which is manufactured, distributed, sold or used in this State.
6. As used in this section:
(a) “Concerted acts of the defendants” does not
include negligent acts committed by providers of health care while working
together to provide treatment to a patient.
(b) “Provider of health care” has the meaning
ascribed to it in NRS 629.031.
(Added to NRS by 1973, 1722; A 1979, 1356; 1987, 1697; 1989, 72)
PROCEDURE FOR EVIDENCING DOMICILE
NRS 41.191 Declaration of domicile in Nevada.
1. Any person who has established domicile
in this state may manifest and evidence his or her domicile by filing in the
office of the clerk of the district court for the county in which the person
resides, a sworn statement showing that the person resides in and maintains a
residence in that county, which the person recognizes and intends to maintain
as his or her permanent home.
2. Any person who has established a
domicile in this state, but who maintains another residence in some other
state, may manifest and evidence his or her domicile in this state by filing in
the office of the clerk of the district court for the county in which the
person resides, a sworn statement that the person’s residence in Nevada constitutes
his or her predominant and principal home, and that the person intends to
continue it permanently as his or her predominant and principal home.
3. A sworn statement filed pursuant to
this section must contain, in addition to the declaration required in
subsection 1 or 2, a declaration that the person making the statement is at the
time of making the statement a bona fide resident of the State, and it must set
forth the person’s place of residence, the city, county and state in which the
person formerly resided, and all other places, if any, in which the person
maintains a residence.
(Added to NRS by 1979, 336)
NRS 41.193 Declaration of domicile in other state.
1. A person who:
(a) Is or was domiciled in a state other than
Nevada and who:
(1) Has a residence in Nevada; or
(2) Does or has done acts within Nevada
which, independently of his or her actual intention concerning domicile, might
be taken to indicate that the person is or intends to be domiciled in Nevada;
and
(b) Desires to maintain or continue his or her
domicile in a state other than Nevada,
Ê may manifest
and evidence his or her permanent domicile in that other state by filing in the
office of the clerk of the district court in any county in Nevada in which the
person has a residence or in which the person may have performed those acts, a
sworn statement that his or her domicile is in a state other than Nevada,
naming the state and stating that he or she intends to permanently continue
domicile in that state.
2. The sworn statement filed pursuant to
this section must contain, in addition to the declaration required in
subsection 1, a declaration that the person making the statement is, at the
time of making the statement, a resident of a state other than Nevada, and it
must set forth the place of residence which the person maintains in the state
or the fact that the person does not maintain a residence in Nevada. It must
also set forth other facts with reference to any acts done by the person which
the person desires not be construed as evidencing an intention to establish his
or her domicile in Nevada.
(Added to NRS by 1979, 337)
NRS 41.195 Signing and recording of declaration; fee. The sworn statement permitted by NRS 41.191 and 41.193 must
be signed under oath before a person authorized to administer oaths. The clerk
of a district court in whose office a statement is filed shall record it in a
book provided for that purpose, and collect a fee of $5 for performing that
duty.
(Added to NRS by 1979, 337)
NRS 41.197 Other methods of proving domicile not repealed or abrogated. Nothing contained in NRS
41.191 to 41.197, inclusive, repeals or
abrogates any existing method of proving domicile.
(Added to NRS by 1979, 337)
PROCEDURE FOR COMPROMISING CLAIMS OF MINORS
NRS 41.200 Compromise by parent or guardian of claim by minor against third
person; requirements of court petition; establishment of blocked financial
investment for proceeds of compromise; no fees to be charged in proceedings.
1. If an unemancipated minor has a
disputed claim for money against a third person, either parent, or if the
parents of the minor are living separate and apart, then the custodial parent,
or if no custody award has been made, the parent with whom the minor is living,
or if a general guardian or guardian of the estate of the minor has been
appointed, then that guardian, has the right to compromise the claim. Such a
compromise is not effective until it is approved by the district court of the
county where the minor resides, or if the minor is not a resident of the State
of Nevada, then by the district court of the county where the claim was
incurred, upon a verified petition in writing, regularly filed with the court.
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the
purview of this section, including:
(1) The circumstances which make it a
disputed claim for money;
(2) The name of the third person against
whom the claim is made; and
(3) If the claim is the result of an
accident, the date, place and facts of the accident;
(c) The names and residence of the parents or the
legal guardian of the minor;
(d) The name and residence of the person or
persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and
the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the
proposed compromise and the apportionment of those proceeds, including the
amount to be used for:
(1) Attorney’s fees and whether the
attorney’s fees are fixed or contingent fees, and if the attorney’s fees are
contingent fees the percentage of the proceeds to be paid as attorney’s fees;
(2) Medical expenses; and
(3) Other expenses,
Ê and whether
these fees and expenses are to be deducted before or after the calculation of
any contingency fee;
(g) Whether the petitioner believes the
acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and
understands that acceptance of the compromise will bar the minor from seeking
further relief from the third person offering the compromise.
3. If the claim involves a personal injury
suffered by the minor, the petitioner must submit all relevant medical and
health care records to the court at the compromise hearing. The records must
include documentation of:
(a) The injury, prognosis, treatment and progress
of recovery of the minor; and
(b) The amount of medical expenses incurred to
date, the nature and amount of medical expenses which have been paid and by
whom, any amount owing for medical expenses and an estimate of the amount of
medical expenses which may be incurred in the future.
4. If the court approves the compromise of
the claim of the minor, the court must direct the money to be paid to the
father, mother or guardian of the minor, with or without the filing of any
bond, or it must require a general guardian or guardian ad litem to be
appointed and the money to be paid to the guardian or guardian ad litem, with
or without a bond, as the court, in its discretion, deems to be in the best
interests of the minor.
5. Upon receiving the proceeds of the
compromise, the parent or guardian to whom the proceeds of the compromise are
ordered to be paid, shall establish a blocked financial investment for the
benefit of the minor with the proceeds of the compromise. Money may be obtained
from the blocked financial investment only pursuant to subsection 6. Within 30
days after receiving the proceeds of the compromise, the parent or guardian
shall file with the court proof that the blocked financial investment has been
established. If the balance of the investment is more than $10,000, the parent,
guardian or person in charge of managing the investment shall annually file
with the court a verified report detailing the activities of the investment
during the previous 12 months. If the balance of the investment is $10,000 or
less, the court may order the parent, guardian or person in charge of managing
the investment to file such periodic verified reports as the court deems
appropriate. The court may hold a hearing on a verified report only if it deems
a hearing necessary to receive an explanation of the activities of the
investment.
6. The beneficiary of a block financial
investment may obtain control of or money from the investment:
(a) By an order of the court which held the
compromise hearing; or
(b) By certification of the court which held the
compromise hearing that the beneficiary has reached the age of 18 years, at
which time control of the investment must be transferred to the beneficiary or
the investment must be closed and the money distributed to the beneficiary.
7. The clerk of the district court shall
not charge any fee for filing a petition for leave to compromise or for placing
the petition upon the calendar to be heard by the court.
8. As used in this section, the term
“blocked financial investment” means a savings account established in a
depository institution in this state, a certificate of deposit, a United States
savings bond, a fixed or variable annuity contract, or another reliable
investment that is approved by the court.
[1:11:1931; A 1953, 65]—(NRS A 1963, 137; 1979, 143; 1987, 1281; 1989, 1571; 2001, 872)
PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO
VITAL STATISTICS
NRS 41.209 Applicability. After
the time to bring an action under chapter 126
of NRS has elapsed and if the action is not for the purpose of establishing the
responsibility of any person for the support of another, then NRS 41.209 to 41.260,
inclusive, apply.
(Added to NRS by 1979, 1278)
NRS 41.210 District courts empowered to establish date and place of birth
and parentage. The district courts
are hereby authorized to establish the date of birth, place of birth and
parentage of any person and shall, in their orders, so decree and appoint in
the manner hereinafter provided.
[1:167:1941; 1931 NCL § 5285.01]
NRS 41.220 Procedure; examination of records by State Registrar of Vital
Statistics.
1. Every person desiring to have his or
her date of birth, place of birth or parentage established must file a verified
petition accompanied by his or her fingerprint chart, with a small recent
photograph attached, in the district court of the county in which such person
has been a resident for at least 6 months prior thereto, which petition must
recite the circumstances involved and the desire of the petitioner in relation
thereto.
2. Any action to establish parentage must
be entitled “In the Matter of the Parental Relation of ................ and
................” Notice of the bringing of the action must be served, in the
manner provided by law and the Nevada Rules of Civil Procedure for the service
of process, upon each of the following persons, if living:
(a) The person whose parentage it is sought to
establish; and
(b) Each known or alleged parent, except a parent
who has brought the action.
3. If the court so requests, the State
Registrar of Vital Statistics must examine his or her records and provide to
the court any data relevant to the action which the State Registrar finds.
[2:167:1941; 1931 NCL § 5285.02]—(NRS A 1979, 1278)
NRS 41.230 Hearing. Upon the
hearing of the petition the court may require information appearing to be
pertinent to the particular case at hand, and the court may require the
presence of any person, or the affidavit of such person if the person be out of
the jurisdiction of the court, as to enable the court to be fully advised in
the premises.
[3:167:1941; 1931 NCL § 5285.03]
NRS 41.240 Court order establishing facts as presented to court. After the court deems the evidence presented
upon the hearing of the petition sufficient to grant the prayer of the
petitioner, it shall make an order establishing the facts of the matter as
presented to the court.
[4:167:1941; 1931 NCL § 5285.04]—(NRS A 1979, 1279)
NRS 41.250 Recording of decree. Any
decree rendered under the provisions of NRS 41.209
to 41.260, inclusive, must be recorded with the
Chief Medical Officer and in the office of the county recorder of the county in
which the decree was rendered.
[5:167:1941; 1931 NCL § 5285.05]—(NRS A 2001, 1750)
NRS 41.260 No fees to be charged by clerk. There
shall be no fee charged or collected by any county clerk for any proceeding
under the provisions of NRS 41.209 to 41.260, inclusive.
[6:167:1941; 1931 NCL § 5285.06]
PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS
NRS 41.270 Verified petition. Any
natural person desiring to have his or her name changed may file a verified
petition with the clerk of the district court of the district in which the
person resides. The petition shall be addressed to the court and shall state
the applicant’s present name, the name which the applicant desires to bear in
the future, the reason for desiring the change and whether the applicant has
been convicted of a felony.
[1:16:1869; B § 4036; BH § 4944; C § 5001; RL § 5835;
NCL § 9457]—(NRS A 1989, 488; 2005, 2207)
NRS 41.280 When publication of notice is required.
1. Except as otherwise provided in
subsection 2, upon the filing of the petition, the applicant shall make out and
procure a notice that must:
(a) State the fact of the filing of the petition,
its object, the applicant’s present name and the name which the applicant desires
to bear in the future; and
(b) Be published in some newspaper of general
circulation in the county once a week for 3 successive weeks.
2. If the applicant submits proof
satisfactory to the court that publication of the change of name would place the
applicant’s personal safety at risk, the court shall not require the applicant
to comply with the provisions of subsection 1 and shall order the records
concerning the petition and any proceedings concerning the petition to be
sealed and to be opened for inspection only upon an order of the court for good
cause shown or upon the request of the applicant.
[2:16:1869; A 1941, 12; 1943, 87; 1943 NCL §
9458]—(NRS A 2003,
1755)
NRS 41.290 Order of court; hearing on objections; disposition and
rescission of order.
1. If, within 10 days after the last
publication of the notice no written objection is filed with the clerk, upon
proof of the filing of the petition and publication of notice as required in NRS 41.280, and upon being satisfied by the statements
in the petition, or by other evidence, that good reason exists therefor, the
court shall make an order changing the name of the applicant as prayed for in
the petition. If, within the period an objection is filed, the court shall
appoint a day for hearing the proofs, respectively, of the applicant and the objection,
upon reasonable notice. Upon that day the court shall hear the proofs, and
grant or refuse the prayer of the petitioner, according to whether the proofs
show satisfactory reasons for making the change. Before issuing its order, the
court shall specifically take into consideration the applicant’s criminal
record, if any, which is stated in the petition.
2. Upon the making of an order either
granting or denying the prayer of the applicant, the order must be recorded as
a judgment of the court. If the petition is granted, the name of the applicant
must thereupon be as stated in the order and the clerk shall transmit a
certified copy of the order to the State Registrar of Vital Statistics.
3. If an order grants a change of name to
a person who has a criminal record, the clerk shall transmit a certified copy
of the order to the Central Repository for Nevada Records of Criminal History
for inclusion in that person’s record of criminal history.
4. Upon receiving uncontrovertible proof
that an applicant in the petition falsely denied having been convicted of a
felony, the court shall rescind its order granting the change of name and the
clerk shall transmit a certified copy of the order rescinding the previous
order to:
(a) The State Registrar of Vital Statistics for
inclusion in the State Registrar’s records.
(b) The Central Repository for Nevada Records of
Criminal History for inclusion in the applicant’s record of criminal history.
[3:16:1869; A 1943, 87; 1943 NCL § 9459]—(NRS A 1960,
157; 1989, 488)
PROCEEDINGS FOR JUDICIAL DECLARATION OF SANITY
NRS 41.300 Insane persons; presumption of legal capacity on discharge. After a person’s insanity has been judicially
determined, such person can make no conveyance or other contract, or delegate
any power or waive any right until the person’s restoration to presumed legal
capacity, or until the person has been judicially declared to be sane. A
certificate from the superintendent or resident physician of the insane asylum
to which such person may have been committed showing that such person had been
discharged therefrom shall establish the presumption of legal capacity in such
person from the time of such discharge.
[1:23:1941; 1931 NCL § 3536]
NRS 41.310 Adjudication of sanity. The
district courts of the several counties shall have jurisdiction to hear and
determine the question as to whether or not a person, previously adjudicated to
be insane, shall be adjudicated to be sane.
[2:23:1941; 1931 NCL § 3536.01]
NRS 41.320 Petition seeking restoration of status as sane; notice. Any person, on behalf of an alleged insane
person, may file a petition in the district court seeking an order restoring
the alleged insane person to the status of a sane person. Upon the filing of
the petition for that purpose, the clerk shall give such notice of the filing
of the same as the court may order.
[3:23:1941; 1931 NCL § 3536.02]
NRS 41.325 Notice of adjudication of sanity to be given to Administrative
Officer and Medical Director of Northern Nevada Adult Mental Health Services. After any proceeding in which a person,
previously adjudicated to be insane, is adjudicated to be sane, the clerk of
the district court shall immediately notify the Administrative Officer and the
Medical Director of Northern Nevada Adult Mental Health Services of the
adjudication.
(Added to NRS by 1959, 851; A 1973, 92, 1218; 1985, 231; 2001, 1116)
NRS 41.330 Conduct of proceedings by county officers; no fees to be
charged. All proceedings under NRS 41.300 to 41.330,
inclusive, shall be conducted by the appropriate county officials, including
the district attorney, without cost or expense of any kind to the petitioner or
alleged insane person.
[3 1/2:23:1941; added 1945, 105; 1943 NCL § 3536.03
1/2]—(NRS A 1959, 851)
LIBEL IN NEWSPAPER; SLANDER BY RADIO OR TELEVISION
BROADCAST
NRS 41.331 Definitions. As
used in NRS 41.331 to 41.338,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 41.332 to 41.335,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 553; 2001, 27)
NRS 41.332 “Actual malice” defined. “Actual
malice” is that state of mind arising from hatred or ill will toward the
plaintiff and does not include that state of mind occasioned by a good faith
belief in the truth of the publication or broadcast.
(Added to NRS by 1969, 553)
NRS 41.333 “Exemplary damages” defined. “Exemplary
damages” are damages which may, in the discretion of the court or jury, be
recovered in addition to general and special damages for the sake of example
and by way of punishing a defendant who has made a publication or broadcast
with actual malice.
(Added to NRS by 1969, 553)
NRS 41.334 “General damages” defined. “General
damages” are damages for loss of reputation, shame, mortification and hurt
feelings.
(Added to NRS by 1969, 553)
NRS 41.335 “Special damages” defined. “Special
damages” are only those damages which a plaintiff alleges and proves that the
plaintiff has suffered in respect to the plaintiff’s property, business, trade,
profession or occupation, including such amounts of money as the plaintiff
alleges and proves that the plaintiff has expended as a result of the alleged
libel or slander.
(Added to NRS by 1969, 553)
NRS 41.336 Special damages; notice and demand for correction.
1. In any action for damages for the
publication of a libel in a newspaper, or of a slander by radio or television
broadcast, the plaintiff may recover no more than special damages unless a
correction is demanded by the plaintiff and not published or broadcast.
2. A demand for correction shall be in
writing and shall be served upon the newspaper or broadcaster at its place of
business. Such demand shall specify the statements claimed to be libelous or
slanderous and shall demand a correction.
3. Such demand for correction must be
served within 90 days after the plaintiff has knowledge of the publication or
broadcast of the statements claimed to be libelous or slanderous.
(Added to NRS by 1969, 553; A 1975, 1521)
NRS 41.337 General, special and exemplary damages. If
a correction is demanded as provided in NRS 41.336
and is not published or broadcast within 20 days in substantially as
conspicuous a manner in the newspaper or by the broadcaster as the statements
claimed to be libelous or slanderous, the plaintiff may plead and prove such
demand and failure to correct and may recover general and special damages. In addition,
the plaintiff may recover exemplary damages if the plaintiff can prove that the
defendant published or broadcast the statement with actual malice. Actual
malice shall not be presumed or inferred from the publication or broadcast.
(Added to NRS by 1969, 553)
NRS 41.338 Correction before demand. A
correction published or broadcast in substantially as conspicuous a manner by
the newspaper or broadcaster as the statements claimed to be libelous or
slanderous, prior to the receipt of a demand therefor, shall have the same
effect as though the correction had been published or broadcast as required in NRS 41.336.
(Added to NRS by 1969, 553)
LIABILITY FOR DEFAMATORY STATEMENTS PUBLISHED OR UTTERED
OVER BROADCASTING STATIONS
NRS 41.340 Liability of owners or operators of broadcasting stations for
defamation published by another; exercise of due care. The
owner, licensee or operator of a visual or sound radio broadcasting station or
network of stations, and the agents or employees of any such owner, licensee or
operator, shall not be liable for any damages for any defamatory statement or
matter published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or agent or
employee thereof, if it shall be alleged and proved by such owner, licensee or
operator, or agent or employee thereof, that such owner, licensee or operator,
or such agent or employee, has exercised due care to prevent the publication or
utterance of such statement or matter in such broadcast.
[1:230:1951]
NRS 41.350 Liability of owner or operator originating broadcast. If any defamatory statement or matter is
published or uttered in or as a part of a broadcast over the facilities of a
network of visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents or
employees thereof other than the owner, licensee or operator of the station, or
network of stations, originating such broadcast, and the agents or employees
thereof, shall in no event be liable for any damages for any such defamatory
statement or matter.
[2:230:1951]
NRS 41.360 Liability when broadcast cannot be censored. In no event, however, shall any owner,
licensee or operator of such station or network of stations, or the agents or
employees thereof, be liable for any damages for any defamatory statement or
matter published or uttered by one other than such owner, licensee or operator,
or agent or employee thereof, in or as a part of a visual or sound radio
broadcast by or on behalf of any candidate for public office, which broadcast
cannot be censored by reason of the provisions of federal statute or regulation
of the Federal Communications Commission.
[3:230:1951]
LIABILITY OF PERSONS CONVICTED OF PERJURY OR SUBORNATION OF
PERJURY
NRS 41.365 Action for damages.
1. Subject to the provisions of subsection
2, a person who has suffered injury as the proximate result of perjury or
subornation of perjury committed by another may bring an action for the
recovery of his or her actual damages and any punitive damages which the facts
may warrant.
2. There is no cause of action under
subsection 1 unless the defendant has been convicted of the perjury or
subornation of perjury which caused the injury.
3. As used in this section, “injury”
includes deprivation of liberty as well as other harm to the person or property
of the plaintiff.
(Added to NRS by 1975, 831)
ABOLISHMENT OF CERTAIN CAUSES OF ACTION
NRS 41.370 Public policy against causes of action for breach of promise,
alienation of affections and criminal conversation. The
remedies provided by law for the enforcement of actions based upon alleged
alienation of affections and breach of contract to marry before March 5, 1943,
and for alleged criminal conversation before July 1, 1979, having been
subjected to grave abuses, caused extreme annoyance, embarrassment, humiliation
and pecuniary damage to many persons wholly innocent and free of any
wrongdoing, who were merely the victims of circumstances, and having been
exercised by unscrupulous persons for their unjust enrichment, and having
furnished vehicles for the commission or attempted commission of crime and in
many cases having resulted in the perpetration of frauds, it is hereby declared
as the public policy of the State that the best interests of the people of this
state will be served by the abolition thereof. Consequently, in the public
interest, the necessity for the enactment of NRS 41.370
to 41.420, inclusive, is hereby declared as a
matter of legislative determination.
[1:53:1943; 1943 NCL § 4071]—(NRS A 1979, 1171)
NRS 41.380 Causes of action abolished. All
civil causes of action for breach of promise to marry, alienation of
affections, and criminal conversation, are hereby abolished; but this section
does not abolish any cause of action for criminal conversation which accrued
before July 1, 1979.
[2:53:1943; 1943 NCL § 4071.01]—(NRS A 1979, 1172)
NRS 41.390 Time for commencing accrued causes of action for criminal
conversation.
1. All causes of action for criminal conversation
which have accrued before July 1, 1979, must be commenced within 60 days after
July 1, 1979.
2. All such actions not so commenced are
thereafter forever barred.
[3:53:1943; 1943 NCL § 4071.02]—(NRS A 1979, 1172)
NRS 41.400 Act or contract gives no right of action. No act done within this state operates to give
rise, either within or without this state, to any of the rights of action
abolished by NRS 41.370 to 41.420,
inclusive. No contract to marry made or entered into in this state operates to
give rise, either within or without this state, to any cause or right of action
for the breach thereof, and no contract to marry, made in any other state,
gives rise to any cause of action within this state for the breach thereof.
[4:53:1943; 1943 NCL § 4071.03]—(NRS A 1979, 1172)
NRS 41.410 Unlawful to file actions after July 1, 1979. After July 1, 1979, it is unlawful for any
person, either as litigant or attorney, to file, cause to be filed, threaten to
file, or threaten to cause to be filed, in any court of this state, any
pleading or paper setting forth or seeking to recover upon any cause of action abolished
or barred by NRS 41.370 to 41.420,
inclusive, whether such cause of action arose within or without this state.
[5:53:1943; 1943 NCL § 4071.04]—(NRS A 1979, 1172)
NRS 41.420 Penalty. Any person
who shall violate any of the provisions of NRS 41.370
to 41.420, inclusive, upon conviction, shall be
deemed guilty of a misdemeanor.
[6:53:1943; 1943 NCL § 4071.05]
JURISDICTION OVER PROCEEDINGS IN WHICH INDIANS ARE PARTIES
NRS 41.430 Conditions for jurisdiction of State of Nevada.
1. Pursuant to the provisions of section
7, chapter 505, Public Law 280 of the 83d Congress, approved August 15, 1953,
and being 67 Stat. 588, and sections 401 to 403, inclusive, of Title IV, Public
Law 284 of the 90th Congress, approved April 11, 1968, and being 82 Stat. 78,
et seq., the State of Nevada does hereby assume jurisdiction over public
offenses committed by or against Indians in the areas of Indian country in
Nevada, as well as jurisdiction over civil causes of action between Indians or
to which Indians are parties which arise in the areas of Indian country in
Nevada, subject only to the conditions of subsections 3 and 4 of this section.
2. Any tribal ordinance or custom adopted
by an Indian tribe, band or community in the exercise of any authority
possessed by it shall, if not inconsistent with any applicable civil law of
this state, be given full force and effect in the determination of civil causes
of action pursuant to this section.
3. This section applies to all areas of
Indian country within this state wherein the Indian tribe occupying any such
area has consented to the continuation of state jurisdiction over such area in
the manner provided in sections 6 to 14, inclusive, of chapter 601, Statutes of
Nevada 1973, or has consented to the assumption of state jurisdiction over such
area in the manner provided by section 406 of Title IV of Public Law 284 of the
90th Congress, approved April 11, 1968, and being 82 Stat. 80.
4. This section does not apply to any area
of Indian country within this state wherein the Indian tribe occupying any such
area has failed or refused to consent to the continuation of state jurisdiction
over such area in the manner provided in sections 6 to 14, inclusive, of
chapter 601, Statutes of Nevada 1973; and the State of Nevada hereby recedes
from and relinquishes jurisdiction over any such area.
[1:198:1955] + [2:198:1955] + [3:198:1955]—(NRS A
1973, 1051)
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATION
BY IMMEDIATE MEMBER OF FAMILY
NRS 41.440 Imposition of liability. Any
liability imposed upon a wife, husband, son, daughter, father, mother, brother,
sister or other immediate member of a family arising out of his or her driving
and operating a motor vehicle with the permission, express or implied, of such
owner is hereby imposed upon the owner of the motor vehicle, and such owner
shall be jointly and severally liable with his or her wife, husband, son,
daughter, father, mother, brother, sister or other immediate member of a family
for any damages proximately resulting from such negligence or willful
misconduct, and such negligent or willful misconduct shall be imputed to the owner
of the motor vehicle for all purposes of civil damages.
(Added to NRS by 1957, 60; A 2009, 3104;
2011, 292)
NRS 41.450 Operator to be made party defendant; recourse on recovery of
judgment. In any action against an
owner on account of imputed negligence as imposed by NRS
41.440, the operator of the motor vehicle whose negligence is imputed to
the owner shall be made a party defendant if service of process can be had upon
the operator as provided by law. Upon recovery of judgment, recourse shall
first be had against the property of the operator so served.
(Added to NRS by 1957, 61)
NRS 41.460 When debtor in possession or long-term lessee deemed owner of
motor vehicle.
1. For the purpose of imposing liability
pursuant to NRS 41.440 and for no other purpose,
where a vehicle is subject to:
(a) A security interest, the debtor in possession
shall be deemed to be the owner and the secured party out of possession shall
not be deemed to be the owner.
(b) A long-term lease, the long-term lessee shall
be deemed to be the owner and the long-term lessor shall not be deemed to be
the owner.
2. As used in this section:
(a) “Lease,” “long-term lessee” and “long-term
lessor” have the meanings ascribed to them in NRS 482.053.
(b) “Owner” has only the significance attributed
to it by NRS 41.440.
(c) “Secured party” and “security interest” have
the meanings ascribed to them by chapter 104
of NRS.
(Added to NRS by 1957, 61; A 1965, 916; 1967, 704)
LIABILITY OF PARENTS AND GUARDIANS FOR MINOR’S ACT OF
NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN DAMAGE
NRS 41.470 Imposition of liability for minor’s willful misconduct.
1. Except as otherwise provided in NRS 424.085, any act of willful misconduct
of a minor which results in any injury or death to another person or injury to
the private property of another or to public property is imputed to the parents
or guardian having custody and control of the minor for all purposes of civil
damages, and the parents or guardian having custody or control are jointly and
severally liable with the minor for all damages resulting from the willful
misconduct.
2. The joint and several liability of one
or both parents or guardian having custody or control of a minor under this
section must not exceed $10,000 for any such act of willful misconduct of the
minor.
3. The liability imposed by this section
is in addition to any other liability imposed by law.
(Added to NRS by 1957, 8; A 1967, 419; 1975, 652; 1979, 461; 1999, 897)
NRS 41.472 Imposition of liability for minor’s negligence or willful
misconduct regarding firearm.
1. If a parent, guardian or other person
legally responsible for a minor under the age of 18 years:
(a) Knows that the minor has previously been
adjudicated delinquent or has been convicted of a criminal offense;
(b) Knows that the minor has a propensity to
commit violent acts; or
(c) Knows or has reason to know that the minor
intends to use the firearm for unlawful purposes,
Ê and permits
the minor to use or possess a firearm, any negligence or willful misconduct of
the minor in connection with such use or possession is imputed to the person
who permits such use or possession for all purposes of civil damages, and,
notwithstanding the provisions of subsection 2 of NRS
41.470, that person is jointly and severally liable with the minor for any
and all damages caused by such negligence or willful misconduct.
2. As used in this section, “firearm” has
the meaning ascribed to it in NRS 202.253.
(Added to NRS by 1995, 1149)
LIABILITY OF NONPROFIT CORPORATIONS, ASSOCIATIONS,
ORGANIZATIONS OR TRUSTS FOR THEIR ACTS OR ACTS OF AGENTS, EMPLOYEES OR SERVANTS
NRS 41.480 Imposition of liability; conditions and limitations on actions
based on acts and omissions of officers or directors.
1. A nonprofit corporation, association or
organization formed under the laws of this State is not immune from liability
for the injury or damage caused any person, firm or corporation as a result of
the negligent or wrongful act of the nonprofit corporation, association or
organization, or its agents, employees or servants acting within the scope of
their agency or employment.
2. No action may be brought against an
officer, trustee, director or other possessor of the corporate powers of a
nonprofit association or trust formed under the laws of this State based on any
act or omission arising from failure in his or her official capacity to
exercise due care regarding the management or operation of the entity unless
the act or omission involves intentional misconduct, fraud or a knowing
violation of the law.
(Added to NRS by 1957, 63; A 1987, 85; 1991, 1309)
NRS 41.485 Conditions and limitations on actions: Acts and omissions of
volunteers of charitable organizations.
1. Except as otherwise provided in
subsection 2, a volunteer of a charitable organization is immune from liability
for civil damages as a result of an act or omission:
(a) Of an agent of the charitable organization;
or
(b) Concerning services the volunteer performs
for the charitable organization that are not supervisory in nature and are not
part of any duties or responsibilities the volunteer may have as an officer,
director or trustee of the charitable organization, unless the act is
intentional, willful, wanton or malicious.
2. This section does not restrict the
liability of a charitable organization for the acts or omissions of a volunteer
performing services on its behalf.
3. As used in this section:
(a) “Agent” means an officer, director, trustee
or employee, whether or not compensated, or a volunteer;
(b) “Charitable organization” means a nonprofit
corporation, association or organization, or a licensed medical facility or
facility for the dependent, but does not include a fire department, law
enforcement agency or auxiliary thereof; and
(c) “Volunteer” means an officer, director,
trustee or other person who performs services without compensation, other than
reimbursement for actual and necessary expenses on behalf of or to benefit a
charitable organization.
(Added to NRS by 1987, 1066)
LIABILITY OF PERSONS IN CONNECTION WITH FOOD DISTRIBUTED
WITHOUT CHARGE
NRS 41.491 Limitations on liability.
1. No civil action for an injury or
illness which results from the consumption or use of wholesome food or a
grocery product that is fit for human use may be brought against:
(a) A person or an employee of a person who, in
good faith, donates the food or grocery product to a nonprofit charitable
organization for free distribution or to any other person for consumption or
use;
(b) A nonprofit charitable organization or an
employee of a nonprofit charitable organization which, in good faith, receives
or distributes without charge, the food or grocery product;
(c) A person who harvests wholesome food and who,
in good faith, donates that food to a nonprofit charitable organization for
free distribution or to any other person for consumption; or
(d) A person to whom wholesome food or a grocery
product that is fit for human use has been donated without charge who, in good
faith, distributes without charge that food or grocery product to a member of
the person’s immediate family,
Ê unless the
injury or illness directly resulted from the gross negligence or willful
misconduct of the donor, donee, organization or employee.
2. If an owner or a manager of property
allows a person to glean food from that property in order to distribute that
food without charge to other persons or donate the food to a nonprofit
charitable organization for free distribution, no civil action for an injury or
death resulting from that gleaning may be brought against the owner or manager
of the property unless the injury or death directly resulted from the gross
negligence or willful misconduct of the owner or manager.
3. No civil action for an injury or
illness which results from the consumption or use of food or a grocery product
which does not comply with all of the applicable standards for quality and
labeling imposed by federal and state statutes and regulations and local
ordinances, may be brought against:
(a) A person or an employee of a person who, in
good faith, donates the food or grocery product to a nonprofit charitable
organization for free distribution if, before the food or grocery product is
donated:
(1) The person or employee fully informs
the organization that the food or grocery product does not comply with the
applicable standards; and
(2) The organization agrees to recondition
the food or grocery product before it is distributed so that it complies with
the applicable standards; or
(b) A nonprofit organization which receives and
distributes without charge the food or grocery product if the organization, or
any officer, employee or volunteer of the organization, reconditions the food
or grocery product before it is distributed so that it complies with the
applicable standards,
Ê unless the
injury or illness directly resulted from the gross negligence or willful
misconduct of the donor, organization, officer, employee or volunteer.
4. As used in this section:
(a) “Donate” means to:
(1) Give food or a grocery product to
another person without requiring anything of monetary value from that person;
or
(2) Sell food or a grocery product for a
fee that is significantly less than the cost of the item sold.
(b) “Glean” means to gather or collect an
agricultural crop which is donated by an owner or manager of property.
(c) “Grocery product that is fit for human use”
means a grocery product, other than food, which complies with all the
applicable standards for quality and labeling imposed by federal and state
statutes and regulations and local ordinances. The term includes:
(1) Products which are not readily
marketable because of packaging, appearance, age, surplus, size or other
condition; and
(2) Household or industrial cleaning
products, personal hygiene products, cleaning equipment and cooking utensils.
(d) “Perishable food” means any food that may
spoil or otherwise become unfit for human consumption after a period of time
because of its nature, type or physical condition. The term includes, without
limitation, fresh or processed meats, poultry, seafood, dairy products, eggs in
the shell, fresh fruits or vegetables, and food that has been:
(1) Noncommercially packaged;
(2) Frozen or otherwise requires refrigeration
to remain nonperishable for a reasonable length of time; or
(3) Prepared at a public food service
establishment.
(e) “Wholesome food” means any raw, cooked,
processed or prepared food or beverage which is intended for human consumption
and which complies with all the applicable standards for quality and labeling
imposed by federal and state statutes and regulations and local ordinances. The
term includes, without limitation, perishable food and food which is not
readily marketable because of packaging, appearance, age, freshness, grade,
surplus, size or other condition.
(Added to NRS by 1981, 694; A 1995, 248; 2009, 146)
LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE OR
GRATUITOUS CARE
NRS 41.500 General rule; volunteers; members of search and rescue
organization; persons rendering cardiopulmonary resuscitation or using
defibrillator; presumptions relating to emergency care rendered on public
school grounds or in connection with public school activities; business or
organization that has defibrillator for use on premises.
1. Except as otherwise provided in NRS 41.505, any person in this State who renders
emergency care or assistance in an emergency, gratuitously and in good faith,
except for a person who is performing community service as a result of
disciplinary action pursuant to any provision in title 54 of NRS, is not liable
for any civil damages as a result of any act or omission, not amounting to
gross negligence, by that person in rendering the emergency care or assistance
or as a result of any act or failure to act, not amounting to gross negligence,
to provide or arrange for further medical treatment for the injured person.
2. Any person in this State who acts as a
driver of an ambulance or attendant on an ambulance operated by a volunteer
service or as a volunteer driver or attendant on an ambulance operated by a
political subdivision of this State, or owned by the Federal Government and
operated by a contractor of the Federal Government, and who in good faith
renders emergency care or assistance to any injured or ill person, whether at
the scene of an emergency or while transporting an injured or ill person to or
from any clinic, doctor’s office or other medical facility, is not liable for
any civil damages as a result of any act or omission, not amounting to gross
negligence, by that person in rendering the emergency care or assistance, or as
a result of any act or failure to act, not amounting to gross negligence, to
provide or arrange for further medical treatment for the injured or ill person.
3. Any person who is an appointed member
of a volunteer service operating an ambulance or an appointed volunteer serving
on an ambulance operated by a political subdivision of this State, other than a
driver or attendant of an ambulance, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by that
person whenever the person is performing his or her duties in good faith.
4. Any person who is a member of a search
and rescue organization in this State under the direct supervision of any
county sheriff who in good faith renders care or assistance in an emergency to
any injured or ill person, whether at the scene of an emergency or while
transporting an injured or ill person to or from any clinic, doctor’s office or
other medical facility, is not liable for any civil damages as a result of any
act or omission, not amounting to gross negligence, by that person in rendering
the emergency care or assistance, or as a result of any act or failure to act,
not amounting to gross negligence, to provide or arrange for further medical
treatment for the injured or ill person.
5. Any person who is employed by or serves
as a volunteer for a public fire-fighting agency and who is authorized pursuant
to chapter 450B of NRS to render emergency
medical care at the scene of an emergency is not liable for any civil damages
as a result of any act or omission, not amounting to gross negligence, by that
person in rendering that care or as a result of any act or failure to act, not
amounting to gross negligence, to provide or arrange for further medical
treatment for the injured or ill person.
6. Any person who:
(a) Has successfully completed a course in
cardiopulmonary resuscitation according to the guidelines of the American
National Red Cross or American Heart Association;
(b) Has successfully completed the training
requirements of a course in basic emergency care of a person in cardiac arrest
conducted in accordance with the standards of the American Heart Association;
or
(c) Is directed by the instructions of a
dispatcher for an ambulance, air ambulance or other agency that provides
emergency medical services before its arrival at the scene of the emergency,
Ê and who in
good faith renders cardiopulmonary resuscitation in accordance with the
person’s training or the direction, other than in the course of the person’s
regular employment or profession, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by that
person in rendering that care.
7. For the purposes of subsection 6, a
person who:
(a) Is required to be certified in the
administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and
(b) In good faith renders cardiopulmonary
resuscitation on the property of a public school or in connection with a
transportation of pupils to or from a public school or while on activities that
are part of the program of a public school,
Ê shall be
presumed to have acted other than in the course of the person’s regular
employment or profession.
8. Any person who gratuitously and in good
faith renders emergency medical care involving the use of an automated external
defibrillator is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, by that person in rendering that
care.
9. A business or organization that has
placed an automated external defibrillator for use on its premises is not
liable for any civil damages as a result of any act or omission, not amounting
to gross negligence, by the person rendering such care or for providing the
automated external defibrillator to the person for the purpose of rendering
such care if the business or organization:
(a) Complies with all current federal and state
regulations governing the use and placement of an automated external
defibrillator;
(b) Ensures that the automated external
defibrillator is maintained and tested according to the operational guidelines
established by the manufacturer; and
(c) Establishes requirements for the notification
of emergency medical assistance and guidelines for the maintenance of the
equipment.
10. As used in this section,
“gratuitously” means that the person receiving care or assistance is not
required or expected to pay any compensation or other remuneration for
receiving the care or assistance.
(Added to NRS by 1963, 359; A 1965, 674; 1973, 433,
1432; 1975, 403; 1985,
1702, 1753;
1991, 2165;
1997, 1716,
1790; 1999, 484, 934; 2005, 2558; 2009, 871)
NRS 41.503 Hospital care or assistance necessitated by traumatic injury;
presumption regarding follow-up care.
1. Except as otherwise provided in
subsection 2 and NRS 41.504, 41.505
and 41.506:
(a) A hospital which has been designated as a
center for the treatment of trauma by the Administrator of the Division of
Public and Behavioral Health of the Department of Health and Human Services
pursuant to NRS 450B.237 and which is
a nonprofit organization;
(b) A hospital other than a hospital described in
paragraph (a);
(c) An employee of a hospital described in
paragraph (a) or (b) who renders care or assistance to patients;
(d) A physician or dentist licensed under the
provisions of chapter 630, 631 or 633 of
NRS who renders care or assistance in a hospital described in paragraph (a) or
(b), whether or not the care or assistance was rendered gratuitously or for a
fee; and
(e) A physician or dentist licensed under the
provisions of chapter 630, 631 or 633 of
NRS:
(1) Whose liability is not otherwise
limited pursuant to NRS 41.032 to 41.0337, inclusive; and
(2) Who renders care or assistance in a
hospital of a governmental entity that has been designated as a center for the
treatment of trauma by the Administrator of the Division of Public and
Behavioral Health of the Department of Health and Human Services pursuant to NRS 450B.237, whether or not the care or
assistance was rendered gratuitously or for a fee,
Ê that in good
faith renders care or assistance necessitated by a traumatic injury demanding
immediate medical attention, for which the patient enters the hospital through
its emergency room or trauma center, may not be held liable for more than
$50,000 in civil damages, exclusive of interest computed from the date of
judgment, to or for the benefit of any claimant arising out of any act or
omission in rendering that care or assistance if the care or assistance is
rendered in good faith and in a manner not amounting to gross negligence or
reckless, willful or wanton conduct.
2. The limitation on liability provided
pursuant to this section does not apply to any act or omission in rendering
care or assistance:
(a) Which occurs after the patient is stabilized
and is capable of receiving medical treatment as a nonemergency patient, unless
surgery is required as a result of the emergency within a reasonable time after
the patient is stabilized, in which case the limitation on liability provided
by subsection 1 applies to any act or omission in rendering care or assistance
which occurs before the stabilization of the patient following the surgery; or
(b) Unrelated to the original traumatic injury.
3. If:
(a) A physician or dentist provides follow-up
care to a patient to whom the physician or dentist rendered care or assistance
pursuant to subsection 1;
(b) A medical condition arises during the course
of the follow-up care that is directly related to the original traumatic injury
for which care or assistance was rendered pursuant to subsection 1; and
(c) The patient files an action for malpractice
based on the medical condition that arises during the course of the follow-up
care,
Ê there is a
rebuttable presumption that the medical condition was the result of the
original traumatic injury and that the limitation on liability provided by
subsection 1 applies with respect to the medical condition that arises during
the course of the follow-up care.
4. For the purposes of this section:
(a) “Reckless, willful or wanton conduct,” as it
applies to a person to whom subsection 1 applies, shall be deemed to be that
conduct which the person knew or should have known at the time the person
rendered the care or assistance would be likely to result in injury so as to
affect the life or health of another person, taking into consideration to the
extent applicable:
(1) The extent or serious nature of the
prevailing circumstances;
(2) The lack of time or ability to obtain
appropriate consultation;
(3) The lack of a prior medical
relationship with the patient;
(4) The inability to obtain an appropriate
medical history of the patient; and
(5) The time constraints imposed by
coexisting emergencies.
(b) “Traumatic injury” means any acute injury
which, according to standardized criteria for triage in the field, involves a
significant risk of death or the precipitation of complications or
disabilities.
(Added to NRS by 2002 Special
Session, 4; A 2007,
31)
NRS 41.504 Physicians, physician assistants and registered nurses who give
instruction or provide supervision to emergency medical attendant during
emergency; emergency medical attendants, physician assistants and nurses who
obey instruction given by physician, physician assistant or nurse during
emergency.
1. Any physician, physician assistant or
registered nurse who in good faith gives instruction or provides supervision to
an emergency medical attendant, physician assistant or registered nurse, at the
scene of an emergency or while transporting an ill or injured person from the
scene of an emergency, is not liable for any civil damages as a result of any
act or omission, not amounting to gross negligence, in giving that instruction
or providing that supervision.
2. An emergency medical attendant,
physician assistant, registered nurse or licensed practical nurse who obeys an
instruction given by a physician, physician assistant, registered nurse or
licensed practical nurse and thereby renders emergency care, at the scene of an
emergency or while transporting an ill or injured person from the scene of an
emergency, is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, in rendering that emergency care.
3. As used in this section, “emergency
medical attendant” means a person licensed as an attendant or certified as an
emergency medical technician, advanced emergency medical technician or
paramedic pursuant to chapter 450B of NRS.
(Added to NRS by 2007, 30; A 2013, 952)
REVISER’S NOTE.
Ch. 17, Stats. 2007, the source of this section,
contains the following provision not included in NRS:
“The provisions of this act apply only to a cause of action that
accrues on or after October 1, 2007.”
NRS 41.505 Physicians, physician assistants, nurses and dentists.
1. Any person licensed under the
provisions of chapter 630, 632 or 633 of
NRS and any person who holds an equivalent license issued by another state, who
renders emergency care or assistance, including, without limitation, emergency
obstetrical care or assistance, in an emergency, gratuitously and in good
faith, is not liable for any civil damages as a result of any act or omission,
not amounting to gross negligence, by that person in rendering the emergency
care or assistance or as a result of any failure to act, not amounting to gross
negligence, to provide or arrange for further medical treatment for the injured
or ill person. This section does not excuse a physician, physician assistant or
nurse from liability for damages resulting from that person’s acts or omissions
which occur in a licensed medical facility relative to any person with whom
there is a preexisting relationship as a patient.
2. Any person licensed under the
provisions of chapter 630, 632 or 633 of
NRS and any person who holds an equivalent license issued by another state who:
(a) Is retired or otherwise does not practice on
a full-time basis; and
(b) Gratuitously and in good faith, renders
medical care within the scope of that person’s license to an indigent person,
Ê is not
liable for any civil damages as a result of any act or omission by that person,
not amounting to gross negligence or reckless, willful or wanton conduct, in
rendering that care.
3. Any person licensed to practice
medicine under the provisions of chapter 630
or 633 of NRS or licensed to practice
dentistry under the provisions of chapter 631
of NRS who renders care or assistance to a patient for a governmental entity or
a nonprofit organization is not liable for any civil damages as a result of any
act or omission by that person in rendering that care or assistance if the care
or assistance is rendered gratuitously, in good faith and in a manner not
amounting to gross negligence or reckless, willful or wanton conduct.
4. As used in this section, “gratuitously”
has the meaning ascribed to it in NRS 41.500.
(Added to NRS by 1973, 610; A 1975, 37, 404, 405; 1985, 1754; 1987, 2217; 1989, 21; 1995, 2641; 1999, 937; 2002
Special Session, 5; 2005, 2517; 2007, 32, 3047)
NRS 41.506 Physicians, physician assistants and nurses who render certain
emergency obstetrical care; licensed medical facilities in which certain
emergency obstetrical care is rendered.
1. Any person licensed under the
provisions of chapter 630, 632 or 633 of
NRS and any person who holds an equivalent license issued by another state who
renders emergency obstetrical care or assistance to a pregnant woman during
labor or the delivery of the child is not liable for any civil damages as a
result of any act or omission by that person in rendering that care or
assistance if:
(a) The care or assistance is rendered in good
faith and in a manner not amounting to gross negligence or reckless, willful or
wanton conduct;
(b) The person has not previously provided
prenatal or obstetrical care to the woman; and
(c) The damages are reasonably related to or
primarily caused by a lack of prenatal care received by the woman.
2. A licensed medical facility in which
such care or assistance is rendered is not liable for any civil damages as a
result of any act or omission by the person in rendering that care or
assistance if that person is not liable for any civil damages pursuant to
subsection 1 and the actions of the medical facility relating to the rendering
of that care or assistance do not amount to gross negligence or reckless,
willful or wanton conduct.
(Added to NRS by 2007, 30)
NRS 41.507 Volunteer emergency medical dispatchers and volunteer medical
directors of agencies which employ emergency medical dispatchers.
1. In a county whose population is less
than 100,000, a volunteer emergency medical dispatcher is immune from civil
liability for damages sustained as a result of any act or omission by the
dispatcher in the use of a medical priority dispatch system, if:
(a) The dispatcher has, in good faith, followed
the protocols of such a system to establish the priority of calls for medical
help or to provide preliminary instructions to a person calling for such help;
(b) The protocols for the system have been
approved by the medical director of the local emergency medical service; and
(c) The act or omission of the dispatcher does
not amount to gross negligence or willful misconduct.
2. In a county whose population is less
than 100,000, a volunteer medical director of a public or private agency,
including a health facility, which employs an emergency medical dispatcher is
immune from civil liability for damages sustained as a result of any act or
omission by the agency if:
(a) The agency uses a medical priority dispatch
system;
(b) The agency maintains a quality assurance
program for that system; and
(c) The act or omission of the agency does not
amount to gross negligence or willful misconduct.
3. As used in this section:
(a) “Emergency medical dispatcher” has the
meaning ascribed to it in NRS 450B.063.
(b) “Health facility” has the meaning ascribed to
it in NRS 439A.015.
(Added to NRS by 1993, 2117)
LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSE
REPORTS OF CRIMES OR EMERGENCIES
NRS 41.508 Civil action brought by public agency; award of costs and
attorney’s fees.
1. A public agency may commence an action
in the name of the agency to recover the expense of an emergency response by
the public agency against any person who knowingly:
(a) Makes a false report to a public agency that
a felony or misdemeanor has been committed or that an emergency exists; or
(b) Creates the false appearance that a felony or
misdemeanor has been committed or that an emergency exists, and that false
appearance causes a false report to be made to a public agency that a felony or
misdemeanor has been committed or that an emergency exists.
2. A civil action may be brought pursuant
to this section even if there has been no criminal conviction for the false
report.
3. If a public agency prevails in an
action brought pursuant to this section, the court may award the public agency
the costs of the action and reasonable attorney’s fees.
4. As used in this section:
(a) “Expense of an emergency response” includes,
without limitation, the reasonable costs incurred by a public agency in making
an appropriate response to or investigation of a false report, including,
without limitation, the salary or wages of any person responding to or
investigating a false report, the deemed wages of any volunteer of a public
agency participating in the response or investigation, the costs for use or
operation of any equipment and the costs for the use or expenditure of any
resources, fuel or other materials.
(b) “Public agency” means an agency, bureau,
board, commission, department or division of the State of Nevada or a political
subdivision of the State of Nevada that provides police, fire-fighting, rescue
or emergency medical services.
(Added to NRS by 2001, 2851)
LIABILITY OF PERSONS WHO PROVIDE FALSE INFORMATION RELATING
TO POSTADOPTIVE CONTACT AGREEMENT
NRS 41.509 Action brought by natural parent; recovery; liability not
exclusive.
1. A natural parent of an adopted child
who has entered into an agreement that provides for postadoptive contact
pursuant to NRS 127.187 may bring a
civil action against a person if:
(a) The person knowingly provided false
information in response to a question asked by a court pursuant to NRS 127.188; and
(b) The provision of false information caused the
court not to incorporate the agreement that provides for postadoptive contact
in the order or decree of adoption pursuant to NRS 127.188.
2. If a person is liable to a natural
parent of an adopted child pursuant to subsection 1, the natural parent may
recover his or her actual damages, costs, reasonable attorney’s fees and any
punitive damages that the facts may warrant.
3. The liability imposed by this section
is in addition to any other liability imposed by law.
(Added to NRS by 2005, 1682)
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TO
PERSONS USING PREMISES FOR RECREATIONAL PURPOSES
NRS 41.510 Limitation of liability; exceptions for malicious acts if
consideration is given or other duty exists.
1. Except as otherwise provided in
subsection 3, an owner of any estate or interest in any premises, or a lessee
or an occupant of any premises, owes no duty to keep the premises safe for
entry or use by others for participating in any recreational activity, or to
give warning of any hazardous condition, activity or use of any structure on
the premises to persons entering for those purposes.
2. Except as otherwise provided in
subsection 3, if an owner, lessee or occupant of premises gives permission to
another person to participate in recreational activities upon those premises:
(a) The owner, lessee or occupant does not
thereby extend any assurance that the premises are safe for that purpose or
assume responsibility for or incur liability for any injury to person or
property caused by any act of persons to whom the permission is granted.
(b) That person does not thereby acquire any
property rights in or rights of easement to the premises.
3. This section does not:
(a) Limit the liability which would otherwise
exist for:
(1) Willful or malicious failure to guard,
or to warn against, a dangerous condition, use, structure or activity.
(2) Injury suffered in any case where
permission to participate in recreational activities was granted for a
consideration other than the consideration, if any, paid to the landowner by
the State or any subdivision thereof. For the purposes of this subparagraph,
the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager
of the premises shall not be deemed consideration given for permission to hunt
on the premises.
(3) Injury caused by acts of persons to
whom permission to participate in recreational activities was granted, to other
persons as to whom the person granting permission, or the owner, lessee or
occupant of the premises, owed a duty to keep the premises safe or to warn of
danger.
(b) Create a duty of care or ground of liability for
injury to person or property.
4. As used in this section, “recreational
activity” includes, but is not limited to:
(a) Hunting, fishing or trapping;
(b) Camping, hiking or picnicking;
(c) Sightseeing or viewing or enjoying
archaeological, scenic, natural or scientific sites;
(d) Hang gliding or paragliding;
(e) Spelunking;
(f) Collecting rocks;
(g) Participation in winter sports, including
cross-country skiing, snowshoeing or riding a snowmobile, or water sports;
(h) Riding animals, riding in vehicles or riding
a road or mountain bicycle;
(i) Studying nature;
(j) Gleaning;
(k) Recreational gardening; and
(l) Crossing over to public land or land
dedicated for public use.
(Added to NRS by 1963, 799; A 1971, 192; 1973, 898; 1981, 157; 1991, 185, 2156; 1993, 1191; 1995, 54, 790; 2007, 631)
ACTIONS BY SHAREHOLDERS AGAINST CORPORATIONS AND
ASSOCIATIONS TO ENFORCE SECONDARY RIGHTS
NRS 41.520 Contents and verification of complaint; motion to require
plaintiff to furnish security; order; recourse of corporation or association to
security.
1. As used in this section “corporation”
includes an unincorporated association, and “board of directors” includes the
managing body of an unincorporated association.
2. In an action brought to enforce a
secondary right on the part of one or more shareholders in a corporation or
association, incorporated or unincorporated, because the corporation or
association refuses to enforce rights which may properly be asserted by it, the
complaint must be verified by oath and must aver that the plaintiff was a
shareholder at the time of the transaction of which the plaintiff complains or
that the plaintiff’s share thereafter devolved on the plaintiff by operation of
law. The complaint must also set forth with particularity the efforts of the
plaintiff to secure from the board of directors or trustees and, if necessary,
from the shareholders such action as the plaintiff desires, and the reasons for
the plaintiff’s failure to obtain such action or the reasons for not making
such effort.
3. In any such action, at any time within
30 days after service of summons upon the corporation or any defendant who is
an officer or director of the corporation, or held such office at the time of
the acts complained of, the corporation or such defendant may move the court
for an order, upon notice and hearing, requiring the plaintiff to furnish
security as hereinafter provided. Such motion must be based upon one or more of
the following grounds:
(a) That there is no reasonable possibility that
the prosecution of the cause of action alleged in the complaint against the moving
party will benefit the corporation or its security holders.
(b) That the moving party, if other than the
corporation, did not participate in the transaction complained of in any
capacity.
Ê The court on
application of the corporation or any defendant may, for good cause shown,
extend the 30-day period for an additional period or periods not exceeding 60
days.
4. At the hearing upon such motion, the
court shall consider such evidence, written or oral, by witnesses or affidavit,
as may be material:
(a) To the ground or grounds upon which the
motion is based; or
(b) To a determination of the probable reasonable
expenses, including attorney’s fees, of the corporation and the moving party
which will be incurred in the defense of the action. If the court determines,
after hearing the evidence adduced by the parties at the hearing, that the
moving party has established a probability in support of any of the grounds
upon which the motion is based, the court shall fix the nature and amount of
security to be furnished by the plaintiff for reasonable expenses, including
attorney’s fees, which may be incurred by the moving party and the corporation
in connection with such action, including expenses which the corporation may
incur by reason of any obligation which it may have to indemnify its officers
or directors pursuant to NRS 78.7502
or otherwise. A determination by the court that security either must or must
not be furnished or must be furnished as to one or more defendants and not as
to others shall not be deemed a determination of any one or more issues in the
action or of the merits thereof. The corporation and the moving party have
recourse to the security in such amount as the court determines upon the
termination of the action. The amount of the security may thereafter from time
to time be increased or decreased in the discretion of the court upon showing
that the security provided has or may become inadequate or is excessive. If the
court, upon any such motion, makes a determination that security must be
furnished by the plaintiff as to any one or more defendants, the action must be
dismissed as to such defendant or defendants, unless the security required by
the court is furnished within such reasonable time as may be fixed by the
court.
5. If any such motion is filed, no
pleadings need be filed by the corporation or any other defendants, and the
prosecution of the action must be stayed, until 10 days after the motion has
been disposed of.
(Added to NRS by 1965, 1411; A 1969, 116; 1997, 731)
PRIVATE ACTIONS TO ENFORCE STATUTORY OR REGULATORY CONTROLS
FOR ENVIRONMENTAL PROTECTION
NRS 41.540 Action may be brought against person causing pollution,
impairment or destruction of air, water or other natural resources.
1. Any person who is a resident of this
state may commence an action in any district court of this state where any
violation is alleged to have occurred, to enforce compliance with any statute,
regulation or ordinance for the protection of the air, water and other natural
resources from pollution, impairment or destruction, if such person has first
given 30 days’ written notice of the person’s intention to file suit.
2. Such action shall be brought against
the person, firm, company, corporation, association, county, city or town
causing such pollution, impairment or destruction. The State or political
subdivision thereof responsible for enforcing such statute, regulation or
ordinance shall be named as a necessary party to the action.
(Added to NRS by 1971, 861)
NRS 41.550 Security for and apportionment of costs. The court may order the petitioner to post a
surety bond or cash in an amount not to exceed $500 to pay any cost or judgment
which might be rendered adverse to the petitioner in any action brought under
the provisions of NRS 41.540 to 41.570, inclusive. Costs may be apportioned to the
parties if the interests of justice require.
(Added to NRS by 1971, 861)
NRS 41.560 Relief which may be granted. The
court may grant temporary or permanent equitable relief, or may enter such
order as may be necessary to enforce compliance with any statute, regulation or
ordinance for the protection of the air, water and other natural resources from
pollution, impairment or destruction.
(Added to NRS by 1971, 861)
NRS 41.570 Provisions supplementary to existing administrative or
regulatory provisions. The
provisions of NRS 41.540 to 41.570,
inclusive, shall be supplementary to existing administrative and regulatory
procedures provided by law.
(Added to NRS by 1971, 861)
LIABILITY OF RECEIVER OF STOLEN PROPERTY
NRS 41.580 Action by owner of property; treble damages. If property has been taken from its owner by
larceny, robbery, burglary, embezzlement, theft or any other offense that is a
crime against property and another person buys, receives, possesses or
withholds the property under circumstances that make such conduct a violation
of subsection 1 of NRS 205.275, the
owner of the property may bring a civil action against the person who bought,
received, possessed or withheld the property and may recover treble the amount
of any damage the owner has suffered, together with the owner’s costs in the
action and a reasonable attorney’s fee.
(Added to NRS by 1973, 1050; A 1997, 346)
LENDERS’ LIABILITY
NRS 41.590 Lender not liable for defects in property acquired with borrowed
money. A lender who makes a loan
of money, the proceeds of which are used or may be used by the borrower to
finance the design, manufacture, construction, repair, modification or
improvement of real or personal property, shall not be held liable to the
borrower or to third persons for any loss or damage occasioned by any defect in
the real or personal property so designed, manufactured, constructed, repaired,
modified or improved or for any loss or damage resulting from the failure of
the borrower to use due care in the design, manufacture, construction, repair,
modification or improvement of such real or personal property, unless the loss
or damage is the result of some other action or activity of the lender than the
loan transaction.
(Added to NRS by 1973, 1189)
FRAUD UPON PURCHASERS; MISREPRESENTATION
NRS 41.600 Actions by victims of fraud.
1. An action may be brought by any person
who is a victim of consumer fraud.
2. As used in this section, “consumer
fraud” means:
(a) An unlawful act as defined in NRS 119.330;
(b) An unlawful act as defined in NRS 205.2747;
(c) An act prohibited by NRS 482.36655 to 482.36667, inclusive;
(d) An act prohibited by NRS 482.351; or
(e) A deceptive trade practice as defined in NRS 598.0915 to 598.0925, inclusive.
3. If the claimant is the prevailing
party, the court shall award the claimant:
(a) Any damages that the claimant has sustained;
(b) Any equitable relief that the court deems
appropriate; and
(c) The claimant’s costs in the action and
reasonable attorney’s fees.
4. Any action brought pursuant to this
section is not an action upon any contract underlying the original transaction.
(Added to NRS by 1975, 1177; A 1985, 2261; 1989, 649; 1997, 2216; 2001, 490; 2005, 1425; 2007, 743; 2011, 268; 2013, 1029)
NRS 41.610 Actions against seller or manufacturer of unapproved drug for
misrepresentation of its therapeutic effect. The
purchaser of a substance which has not been approved as a drug by the Food and
Drug Administration but which has been licensed for manufacture in this state
has a cause of action against the seller or manufacturer for any
misrepresentation of its therapeutic effect made directly to the purchaser or
by publication.
(Added to NRS by 1977, 1645; A 1983, 111)
LIABILITY REGARDING NEGOTIABLE INSTRUMENTS AND CREDIT AND
DEBIT CARDS
NRS 41.620 Liability for issuance on nonexistent account or drawing on
insufficient money; liability for use of invalid credit or debit card.
1. Except as otherwise provided in NRS 604A.490, any person who:
(a) Makes, utters, draws or delivers a check or
draft for the payment of money drawn upon any financial institution or other
person, when that person has no account with the drawee of the instrument or
has insufficient money, property or credit with the drawee to pay; or
(b) Uses a credit card or debit card to obtain
money, goods, property, services or anything of value, when that person knows
or should have known the credit card or debit card is no longer valid,
Ê and who
fails to pay the amount in cash to the payee, issuer or other creditor within
30 days after a demand therefor in writing is mailed to the person by certified
mail, is liable to the payee, issuer or other creditor for the amount of the
check, draft or extension of credit, and damages equal to three times the
amount of the check, draft or extension of credit, but not less than $100 nor
more than $500.
2. As used in this section, unless the
context otherwise requires:
(a) “Credit card” has the meaning ascribed to it
in NRS 205.630;
(b) “Debit card” has the meaning ascribed to it
in NRS 205.635; and
(c) “Issuer” has the meaning ascribed to it in NRS 205.650.
(Added to NRS by 1985, 1021; A 1987, 134, 1191; 1999, 50; 2005, 1710)
LIABILITY OF PERSONS WHO OFFICIATE SPORTING EVENTS
NRS 41.630 Limitations of liability.
1. A sports official who officiates a
sporting event at any level of competition in this State is not liable for any
civil damages as a result of any unintended act or omission, not amounting to
gross negligence, by the sports official in the execution of the officiating
duties of the sports official within the facility in which the sporting event takes
place.
2. As used in this section:
(a) “Inspector” means an inspector of the Nevada
Athletic Commission.
(b) “Sporting event” means any contest, game or
other event involving the athletic or physical skills of amateur or
professional athletes.
(c) “Sports official” means any person who serves
as a referee, umpire, linesman, timekeeper, inspector, judge or in a similar
capacity, whether paid or unpaid.
(Added to NRS by 1989, 677; A 2005, 176)
LIABILITY OF PERSONS WHO ENGAGE IN RIGHT TO PETITION OR
FREE SPEECH IN DIRECT CONNECTION WITH AN ISSUE OF PUBLIC CONCERN
NRS 41.635 Definitions. As
used in NRS 41.635 to 41.670,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 41.637 and 41.640
have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1364; A 1997, 2593)
NRS 41.637 “Good faith communication in furtherance of the right to
petition or the right to free speech in direct connection with an issue of public
concern” defined. “Good faith
communication in furtherance of the right to petition or the right to free
speech in direct connection with an issue of public concern” means any:
1. Communication that is aimed at
procuring any governmental or electoral action, result or outcome;
2. Communication of information or a
complaint to a Legislator, officer or employee of the Federal Government, this
state or a political subdivision of this state, regarding a matter reasonably
of concern to the respective governmental entity;
3. Written or oral statement made in
direct connection with an issue under consideration by a legislative, executive
or judicial body, or any other official proceeding authorized by law; or
4. Communication made in direct connection
with an issue of public interest in a place open to the public or in a public
forum,
Ê which is
truthful or is made without knowledge of its falsehood.
(Added to NRS by 1997, 1364; A 1997, 2593; 2013, 623)
NRS 41.640 “Political subdivision” defined. “Political
subdivision” has the meaning ascribed to it in NRS
41.0305.
(Added to NRS by 1993, 2848; A 1997, 1365, 2593)
NRS 41.650 Limitation of liability. A
person who engages in a good faith communication in furtherance of the right to
petition or the right to free speech in direct connection with an issue of
public concern is immune from any civil action for claims based upon the
communication.
(Added to NRS by 1993, 2848; A 1997, 1365, 2593; 2013, 623)
NRS 41.660 Attorney General or chief legal officer of political subdivision
may defend or provide support to person sued for engaging in right to petition
or free speech in direct connection with an issue of public concern; special
counsel; filing special motion to dismiss; stay of discovery; adjudication upon
merits.
1. If an action is brought against a
person based upon a good faith communication in furtherance of the right to
petition or the right to free speech in direct connection with an issue of
public concern:
(a) The person against whom the action is brought
may file a special motion to dismiss; and
(b) The Attorney General or the chief legal
officer or attorney of a political subdivision of this State may defend or
otherwise support the person against whom the action is brought. If the
Attorney General or the chief legal officer or attorney of a political
subdivision has a conflict of interest in, or is otherwise disqualified from,
defending or otherwise supporting the person, the Attorney General or the chief
legal officer or attorney of a political subdivision may employ special counsel
to defend or otherwise support the person.
2. A special motion to dismiss must be
filed within 60 days after service of the complaint, which period may be
extended by the court for good cause shown.
3. If a special motion to dismiss is filed
pursuant to subsection 2, the court shall:
(a) Determine whether the moving party has
established, by a preponderance of the evidence, that the claim is based upon a
good faith communication in furtherance of the right to petition or the right
to free speech in direct connection with an issue of public concern;
(b) If the court determines that the moving party
has met the burden pursuant to paragraph (a), determine whether the plaintiff
has established by clear and convincing evidence a probability of prevailing on
the claim;
(c) If the court determines that the plaintiff
has established a probability of prevailing on the claim pursuant to paragraph
(b), ensure that such determination will not:
(1) Be admitted into evidence at any later
stage of the underlying action or subsequent proceeding; or
(2) Affect the burden of proof that is
applied in the underlying action or subsequent proceeding;
(d) Consider such evidence, written or oral, by
witnesses or affidavits, as may be material in making a determination pursuant
to paragraphs (a) and (b);
(e) Stay discovery pending:
(1) A ruling by the court on the motion;
and
(2) The disposition of any appeal from the
ruling on the motion; and
(f) Rule on the motion within 7 judicial days
after the motion is served upon the plaintiff.
4. If the court dismisses the action
pursuant to a special motion to dismiss filed pursuant to subsection 2, the
dismissal operates as an adjudication upon the merits.
(Added to NRS by 1993, 2848; A 1997, 1365, 2593; 2013, 623)
NRS 41.670 Award of reasonable costs, attorney’s fees and monetary relief
under certain circumstances; separate action for damages; sanctions for
frivolous or vexatious special motion to dismiss; interlocutory appeal.
1. If the court grants a special motion to
dismiss filed pursuant to NRS 41.660:
(a) The court shall award reasonable costs and
attorney’s fees to the person against whom the action was brought, except that
the court shall award reasonable costs and attorney’s fees to this State or to
the appropriate political subdivision of this State if the Attorney General,
the chief legal officer or attorney of the political subdivision or special
counsel provided the defense for the person pursuant to NRS
41.660.
(b) The court may award, in addition to
reasonable costs and attorney’s fees awarded pursuant to paragraph (a), an
amount of up to $10,000 to the person against whom the action was brought.
(c) The person against whom the action is brought
may bring a separate action to recover:
(1) Compensatory damages;
(2) Punitive damages; and
(3) Attorney’s fees and costs of bringing
the separate action.
2. If the court denies a special motion to
dismiss filed pursuant to NRS 41.660 and finds that
the motion was frivolous or vexatious, the court shall award to the prevailing
party reasonable costs and attorney’s fees incurred in responding to the motion.
3. In addition to reasonable costs and
attorney’s fees awarded pursuant to subsection 2, the court may award:
(a) An amount of up to $10,000; and
(b) Any such additional relief as the court deems
proper to punish and deter the filing of frivolous or vexatious motions.
4. If the court denies the special motion
to dismiss filed pursuant to NRS 41.660, an
interlocutory appeal lies to the Supreme Court.
(Added to NRS by 1993, 2848; A 1997, 1366, 2593; 2013, 624)
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS
MOTIVATED BY CHARACTERISTICS OF VICTIM
NRS 41.690 Cause of action for damages resulting from criminal violation if
perpetrator was motivated by certain characteristics of victim.
1. A person who has suffered injury as the
proximate result of the willful violation of the provisions of NRS 200.030, 200.050, 200.280, 200.310, 200.366, 200.380, 200.400, 200.460, 200.463, 200.4631, 200.464, 200.465, 200.467, 200.468, 200.471, 200.481, 200.508, 200.5099, 200.571, 200.575, 203.010, 203.020, 203.030, 203.060, 203.080, 203.090, 203.100, 203.110, 203.119, 205.010 to 205.025, inclusive, 205.060, 205.067, 205.075, 205.0832, 205.220, 205.226, 205.228, 205.240, 205.270, 205.2715, 205.274, 205.2741, 206.010, 206.040, 206.125, 206.140, 206.150, 206.200, 206.310, 206.330, 207.180, 207.190, 207.200 or 207.210 by a perpetrator who was motivated
by the injured person’s actual or perceived race, color, religion, national
origin, physical or mental disability, sexual orientation or gender identity or
expression may bring an action for the recovery of his or her actual damages
and any punitive damages which the facts may warrant. If the person who has
suffered injury prevails in an action brought pursuant to this subsection, the
court shall award the person costs and reasonable attorney’s fees.
2. The liability imposed by this section
is in addition to any other liability imposed by law.
3. As used in this section, “gender
identity or expression” has the meaning ascribed to it in NRS 193.0148.
(Added to NRS by 1995, 2706; A 2005, 89; 2007, 1269; 2013, 65, 1855)
LIABILITY OF PERSONS WHO FURNISH OR ALLOW USE OF CONTROLLED
SUBSTANCE
NRS 41.700 Liability for damages caused by use of controlled substance;
damages; attorney’s fees and costs.
1. A person who:
(a) Knowingly and unlawfully serves, sells or
otherwise furnishes a controlled substance to another person; or
(b) Knowingly allows another person to use a
controlled substance in an unlawful manner on premises or in a conveyance
belonging to the person allowing the use or over which the person has control,
Ê is liable in
a civil action for any damages caused as a result of the person using the
controlled substance.
2. A person who prevails in an action
brought pursuant to subsection 1 may recover his or her actual damages,
attorney’s fees and costs and any punitive damages that the facts may warrant.
(Added to NRS by 2007, 588)
LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL
THAT INCLUDE ADVERTISEMENTS
NRS 41.705 Definitions. As
used in NRS 41.705 to 41.735,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 41.710 to 41.725,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1997, 1255)
NRS 41.710 “Advertisement” defined. “Advertisement”
means material that:
1. Advertises for commercial purposes the
availability or the quality of real property, goods or services; or
2. Is otherwise designed or intended to
solicit a person to purchase real property, goods or services.
(Added to NRS by 1997, 1256)
NRS 41.715 “Electronic mail” defined. “Electronic
mail” means a message, a file or other information that is transmitted through
a local, regional or global network, regardless of whether the message, file or
other information is:
1. Viewed;
2. Stored for retrieval at a later time;
3. Printed onto paper or other similar
material; or
4. Filtered or screened by a computer
program that is designed or intended to filter or screen items of electronic
mail.
(Added to NRS by 1997, 1256)
NRS 41.720 “Network” defined. “Network”
means a network comprised of one or more computers that may be accessed by a
modem, electronic or optical technology, or other similar means.
(Added to NRS by 1997, 1256)
NRS 41.725 “Recipient” defined. “Recipient”
means a person who receives an item of electronic mail.
(Added to NRS by 1997, 1256)
NRS 41.730 Action for damages; exceptions; injunctive relief.
1. Except as otherwise provided in NRS 41.735, if a person transmits or causes to be
transmitted to a recipient an item of electronic mail that includes an
advertisement, the person is liable to the recipient for civil damages unless:
(a) The person has a preexisting business or
personal relationship with the recipient;
(b) The recipient has expressly consented to
receive the item of electronic mail from the person; or
(c) The advertisement is readily identifiable as
promotional, or contains a statement providing that it is an advertisement, and
clearly and conspicuously provides:
(1) The legal name, complete street
address and electronic mail address of the person transmitting the electronic
mail;
(2) A notice that the recipient may
decline to receive additional electronic mail that includes an advertisement
from the person transmitting the electronic mail and the procedures for
declining such electronic mail; and
(3) The abbreviation “ADV” or the word
“advertisement” as the first word of the subject line of the electronic mail.
2. Unless a greater amount of damages is
provided pursuant to subsection 3, if a person is liable to a recipient
pursuant to subsection 1, the recipient may recover from the person:
(a) Actual damages or damages of $50 per item of
electronic mail received, whichever is greater; and
(b) Attorney’s fees and costs.
3. If a person is liable to a recipient
pursuant to subsection 1 and the person:
(a) Disguised the source of the advertisement;
(b) Used false or misleading information in the
subject line of the electronic mail;
(c) Provided a false return address;
(d) Ignored requests made by the recipient to
decline receiving additional electronic mail;
(e) Provided a false address for declining
additional electronic mail from the person; or
(f) Obtained the electronic mail address of the
recipient through a method that was not authorized by the recipient,
Ê the
recipient may recover actual damages or damages of $500 per item of electronic
mail received, whichever is greater, and attorney’s fees and costs.
4. In addition to any other recovery that
is allowed pursuant to subsection 2 or 3, the recipient may apply to the
district court of the county in which the recipient resides for an order
enjoining the person from transmitting to the recipient any other item of
electronic mail that includes an advertisement.
(Added to NRS by 1997, 1256; A 2003, 340)
NRS 41.735 Immunity for persons who provide users with access to network;
applicability to items of electronic mail obtained voluntarily.
1. If a person provides users
with access to a network and, as part of that service, transmits items of
electronic mail on behalf of those users, the person is immune from liability
for civil damages pursuant to NRS 41.705 to 41.735, inclusive, unless the person transmits an item
of electronic mail that includes an advertisement the person prepared or caused
to be prepared.
2. The provisions of NRS 41.705 to 41.735,
inclusive, do not apply to an item of electronic mail that is obtained by a
recipient voluntarily. This subsection includes, but is not limited to, an item
of electronic mail that is obtained by a recipient voluntarily from an
electronic bulletin board.
(Added to NRS by 1997, 1256)
LIABILITY OF PERSONS WHO KILL OR INJURE PET OF ANOTHER
PERSON
NRS 41.740 Damages for which person who kills or injures pet of another
person is liable; punitive and noneconomic damages may not be awarded;
limitation on amount of damages; exceptions.
1. Except as otherwise provided in
subsection 4, if a natural person intentionally, willfully, recklessly or
negligently injures or kills the pet of another natural person, the person is
liable for the following:
(a) The cost of veterinary care incurred by the
owner because of the injury or death of the pet.
(b) If the pet is injured, any reduction in the
market value of the pet caused by the injury.
(c) If the pet is killed, the market value of the
pet and reasonable burial expenses.
(d) Reasonable attorney’s fees and costs incurred
by the owner in bringing an action pursuant to this section.
2. Punitive damages and noneconomic
damages may not be awarded in an action brought under this section.
3. In an action brought under this section,
the award of damages must not exceed $5,000 for each pet.
4. The provisions of this section do not
authorize an award of damages pursuant to subsection 1 if:
(a) A nonprofit organization, society for the
prevention of cruelty to animals established pursuant to NRS 574.010 or governmental entity, or an
employee or agent thereof, injures or kills a pet while acting in furtherance
of public health or animal welfare.
(b) The action is based on the killing of a dog
that had been or was killing or causing damage to livestock.
(c) The person reasonably believed that:
(1) The pet presented a risk to the
person’s safety or to the safety of another person; and
(2) The action was necessary to protect
himself or herself or another person.
5. As used in this section:
(a) “Livestock” has the meaning ascribed to it in
NRS 569.0085.
(b) “Owner” means a natural person who owns, possesses,
harbors, keeps or has control or custody of a pet.
(c) “Pet” means any domesticated dog or cat
normally maintained in or near the household of its owner.
(Added to NRS by 2007, 2471)
LIABILITY OF EMPLOYERS FOR CERTAIN ACTS
NRS 41.745 Liability of employer for intentional conduct of employee;
limitations.
1. An employer is not liable for harm or
injury caused by the intentional conduct of an employee if the conduct of the
employee:
(a) Was a truly independent venture of the
employee;
(b) Was not committed in the course of the very
task assigned to the employee; and
(c) Was not reasonably foreseeable under the
facts and circumstances of the case considering the nature and scope of his or
her employment.
Ê For the
purposes of this subsection, conduct of an employee is reasonably foreseeable
if a person of ordinary intelligence and prudence could have reasonably
anticipated the conduct and the probability of injury.
2. Nothing in this section imposes strict
liability on an employer for any unforeseeable intentional act of an employee.
3. For the purposes of this section:
(a) “Employee” means any person who is employed
by an employer, including, without limitation, any present or former officer or
employee, immune contractor, an employee of a university school for profoundly
gifted pupils described in chapter 392A of
NRS or a member of a board or commission or Legislator in this State.
(b) “Employer” means any public or private
employer in this State, including, without limitation, the State of Nevada, a
university school for profoundly gifted pupils described in chapter 392A of NRS, any agency of this State
and any political subdivision of the State.
(c) “Immune contractor” has the meaning ascribed
to it in subsection 3 of NRS 41.0307.
(d) “Officer” has the meaning ascribed to it in
subsection 4 of NRS 41.0307.
(Added to NRS by 1997, 1357; A 2005, 2430)
NRS 41.750 Limitations on liability of employer for damages arising from or
relating to child care provided to children of employee. If an employer:
1. Pays money directly to an employee for
use by the employee to pay all or a portion of the cost of child care and the
employee selects the child care facility independent of and without any input
from the employer;
2. Provides to an employee one or more
vouchers for use by the employee to pay all or a portion of the cost of child
care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS;
3. Directs or refers an employee to a
child care facility licensed and in good standing pursuant to chapter 432A of NRS; or
4. Negotiates a discount or other benefit
for an employee at a child care facility licensed and in good standing pursuant
to chapter 432A of NRS,
Ê the employer
is immune from civil liability for damages arising from or relating to the
child care provided to the children of the employee if the damages are caused
by an act or omission that constitutes simple negligence.
(Added to NRS by 1997, 3321)
NRS 41.755 Limitations on liability of employer who discloses information
regarding employee to prospective employer of employee; exceptions.
1. Except as otherwise provided
in subsection 3, an employer who, at the request of an employee, discloses
information regarding:
(a) The ability of the employee to
perform the employee’s job;
(b) The diligence, skill or reliability
with which the employee carried out the duties of the employee’s job; or
(c) An illegal or wrongful act
committed by the employee,
Ê to a
prospective employer of that employee is immune from civil liability for such
disclosure and its consequences.
2. Except as otherwise provided
in subsection 3, an employer who discloses information regarding an employee to
a public safety agency pursuant to NRS 239B.020
is immune from civil liability for such disclosure and its consequences.
3. An employer is not immune
from civil liability for a disclosure made pursuant to subsection 1 or NRS 239B.020 or for the consequences of
a disclosure made pursuant to subsection 1 or NRS 239B.020 if the employer:
(a) Acted with malice or ill will;
(b) Disclosed information that the employer
believed was inaccurate;
(c) Disclosed information which the
employer had no reasonable grounds for believing was accurate;
(d) Recklessly or intentionally
disclosed inaccurate information;
(e) Deliberately disclosed misleading
information; or
(f) Disclosed information in violation
of a state or federal law or in violation of an agreement with the employee.
4. As used in this section:
(a) “Employee” means a person who
currently renders or previously rendered time and services to an employer.
(b) “Employer” includes an employee or
agent of an employer who is authorized by the employer to disclose information
regarding an employee.
(c) “Public safety agency” has the
meaning ascribed to it in NRS 239B.020.
(Added to NRS by 1997, 1235; A 1999, 1909; 2007, 1048)
