Nrs: Chapter 41 - Actions And Proceedings In Particular Cases Concerning Persons

Link to law: https://www.leg.state.nv.us/NRS/NRS-041.html
Published: 2015

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[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)