2005 Nevada Revised Statutes - Chapter 41 — Actions and Proceedings in Particular Cases Concerning Persons
CHAPTER 41 - ACTIONS AND PROCEEDINGS INPARTICULAR CASES CONCERNING PERSONS
CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS
NRS 41.010 Commencementof action; service of summons upon State Controller.
NRS 41.020 AttorneyGeneral to defend; appeals.
NRS 41.030 StateController to draw warrant upon final judgment.
LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES ANDPOLITICAL SUBDIVISIONS
General Provisions
NRS 41.0305 Politicalsubdivision defined.
NRS 41.0307 Employee,employment, immune contractor, public officer and officer defined.
NRS 41.0308 Volunteercrossing guard for county school district deemed employee of politicalsubdivision of State if he has completed approved training.
NRS 41.0309 Employeeof or volunteer for public fire-fighting agency deemed employee of State orpolitical subdivision of State.
Waiver of Sovereign Immunity
NRS 41.031 Waiverapplies to State and its political subdivisions; naming State as defendant;service of process; State does not waive immunity conferred by EleventhAmendment.
Conditions and Limitations on Actions
NRS 41.032 Actsor omissions of officers, employees and immune contractors.
NRS 41.0321 Actionsconcerning incorrect date generated by computer or information system;contracts must contain immunity provision. [Expired by limitation.]
NRS 41.0322 Actionsby persons in custody of Department of Corrections to recover compensation forloss or injury.
NRS 41.0325 Negligenceor willful misconduct of minor driver in legal custody of State.
NRS 41.0327 Injuriesarising from acts incident to certain solicitations of charitablecontributions.
NRS 41.033 Failureto inspect or discover hazards, deficiencies or other matters; inspection doesnot create warranty or assurance concerning hazards, deficiencies or othermatters.
NRS 41.0331 Constructionof fence or other safeguard around dangerous condition at abandoned mine.
NRS 41.0332 Actsor omissions of volunteer school crossing guards.
NRS 41.0333 Actsor omissions of members or employees of Nevada National Guard.
NRS 41.0334 Personsengaged in certain criminal acts in or on public buildings or vehicles;exceptions.
NRS 41.0335 Actionsagainst certain officers and employees of political subdivisions for acts oromissions of other persons.
NRS 41.0336 Actsor omissions of firefighters or law enforcement officers.
NRS 41.03365 Actionsconcerning equipment or personal property donated in good faith to volunteerfire department.
NRS 41.0337 Stateor political subdivision to be named party defendant.
Legal Representation
NRS 41.0338 Officialattorney defined.
NRS 41.0339 Circumstancesunder which official attorney to provide defense.
NRS 41.0341 Timefor filing responsive pleading.
NRS 41.03415 Determinationby official attorney whether or not to tender defense.
NRS 41.0342 Arrangementsand circumstances of defense not admissible in evidence.
NRS 41.0343 Waiverof attorney-client privilege may not be required.
NRS 41.03435 Employmentof special counsel by Attorney General.
NRS 41.0344 Employmentof special counsel by chief legal officer or attorney of political subdivision.
NRS 41.0345 Defensemay be tendered to insurer authorized to defend action.
NRS 41.03455 Defendantmay employ own counsel.
NRS 41.0346 Withdrawalof official attorney as attorney of record.
NRS 41.0347 Liabilityof State or political subdivision for failure to provide defense.
Verdict, Judgment, Damages and Indemnification
NRS 41.03475 Nojudgment against State or political subdivision permitted for acts outsidescope of public duties or employment; exception.
NRS 41.0348 Specialverdict required.
NRS 41.0349 Indemnificationof present or former public officer, employee, immune contractor or Legislator.
NRS 41.035 Limitationon award for damages in tort actions.
Miscellaneous Provisions
NRS 41.036 Filingtort claim against State with Attorney General; filing tort claim againstpolitical subdivision with governing body; review and investigation by AttorneyGeneral of tort claim against State; regulations by State Board of Examiners.
NRS 41.037 Administrativesettlement of claims or actions.
NRS 41.0375 Agreementto settle: Prohibited contents; required contents; constitutes public record;void under certain circumstances.
NRS 41.038 Insuranceof officers, employees and immune contractors of State or local governmentagainst liability.
NRS 41.0385 Claimsmade against state agencies and local governments for tortious conduct: Annualfiling of summary of claims with Secretary of State or clerk of localgovernment; summaries of claims are public records.
NRS 41.039 Filingof valid claim against political subdivision condition precedent tocommencement of action against immune contractor, employee or officer.
APPOINTMENT OF ELISORS
NRS 41.040 Appointmentand bond of elisor.
NRS 41.050 Executionof process by elisor.
NRS 41.060 Arrestand confinement of sheriff in a civil action.
NRS 41.070 Powers,duties and fees of elisors.
LIABILITY OF COMMITTEE ON LOCAL GOVERNMENT FINANCE
NRS 41.075 Limitationson liability.
ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT
NRS 41.085 Heirsand personal representatives may maintain action.
LIABILITY OF PERSON WHO USES DEADLY FORCE AGAINST INTRUDER INRESIDENCE
NRS 41.095 Presumptionthat person using deadly force against intruder in his residence has reasonablefear of death or bodily injury; residence defined.
SURVIVAL OF CAUSES OF ACTION
NRS 41.100 Causeof action not lost by reason of death; damages; recovery for loss arising outof unfair practice regarding policy of life insurance; subrogation.
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT ORDEFAULT
NRS 41.130 Liabilityfor personal injury.
NRS 41.1305 Limitationon liability of person who serves or sells alcoholic beverages for injuryinflicted by intoxicated person.
NRS 41.131 Limitationon basis of liability of manufacturers and distributors of firearms andammunition.
NRS 41.1315 Limitationon liability of property owner for injury or damage on sidewalk in publicright-of-way.
NRS 41.133 Convictionof crime is conclusive evidence of facts necessary to impose civil liabilityfor related injury.
NRS 41.134 Actionfor damages for injuries resulting from acts of domestic violence; award ofcosts and attorneys fees to injured person.
NRS 41.1345 Actionfor damages for injuries resulting from unlawful use of personal identifyinginformation; award of costs and attorneys fees to injured person; punitivedamages; limitation on time for commencement of action.
NRS 41.135 Liabilityof victims of certain crimes limited for injuries to offender.
NRS 41.139 Actionsby peace officers, firefighters and emergency medical attendants for injuryresulting from willful acts or negligent management of property; employer notliable.
NRS 41.1393 Dischargeof duty to warn trespasser against dangerous condition.
NRS 41.1395 Actionfor damages for injury or loss suffered by older or vulnerable person fromabuse, neglect or exploitation; double damages; attorneys fees and costs.
NRS 41.1397 Liabilityof owner or operator of house of prostitution for employment of prostitutetested positive for exposure to human immunodeficiency virus.
NRS 41.1398 Actionfor damages for unlawful disclosure of certain confidential informationrelating to victim of sexual assault.
COMPARATIVE NEGLIGENCE
NRS 41.141 Whencomparative negligence not bar to recovery; jury instructions; liability ofmultiple defendants.
PROCEDURE FOR EVIDENCING DOMICILE
NRS 41.191 Declarationof domicile in Nevada.
NRS 41.193 Declarationof domicile in other state.
NRS 41.195 Signingand recording of declaration; fee.
NRS 41.197 Othermethods of proving domicile not repealed or abrogated.
PROCEDURE FOR COMPROMISING CLAIMS OF MINORS
NRS 41.200 Compromiseby parent or guardian of claim by minor against third person; requirements ofcourt petition; establishment of blocked financial investment for proceeds ofcompromise; no fees to be charged in proceedings.
PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO VITALSTATISTICS
NRS 41.209 Applicability.
NRS 41.210 Districtcourts 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 Courtorder establishing facts as presented to court.
NRS 41.250 Recordingof decree.
NRS 41.260 Nofees to be charged by clerk.
PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS
NRS 41.270 Verifiedpetition.
NRS 41.280 Whenpublication of notice is required.
NRS 41.290 Orderof court; hearing on objections; disposition and rescission of order.
PROCEEDINGS FOR JUDICIAL DECLARATION OF SANITY
NRS 41.300 Insanepersons; presumption of legal capacity on discharge.
NRS 41.310 Adjudicationof sanity.
NRS 41.320 Petitionseeking restoration of status as sane; notice.
NRS 41.325 Noticeof adjudication of sanity to be given to Administrative Officer and MedicalDirector of Northern Nevada Adult Mental Health Services.
NRS 41.330 Conductof 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 Actualmalice defined.
NRS 41.333 Exemplarydamages defined.
NRS 41.334 Generaldamages defined.
NRS 41.335 Specialdamages defined.
NRS 41.336 Specialdamages; notice and demand for correction.
NRS 41.337 General,special and exemplary damages.
NRS 41.338 Correctionbefore demand.
LIABILITY FOR DEFAMATORY STATEMENTS PUBLISHED OR UTTERED OVERBROADCASTING STATIONS
NRS 41.340 Liabilityof owners or operators of broadcasting stations for defamation published byanother; exercise of due care.
NRS 41.350 Liabilityof owner or operator originating broadcast.
NRS 41.360 Liabilitywhen broadcast cannot be censored.
LIABILITY OF PERSONS CONVICTED OF PERJURY OR SUBORNATION OFPERJURY
NRS 41.365 Actionfor damages.
ABOLISHMENT OF CERTAIN CAUSES OF ACTION
NRS 41.370 Publicpolicy against causes of action for breach of promise, alienation of affectionsand criminal conversation.
NRS 41.380 Causesof action abolished.
NRS 41.390 Timefor commencing accrued causes of action for criminal conversation.
NRS 41.400 Actor contract gives no right of action.
NRS 41.410 Unlawfulto file actions after July 1, 1979.
NRS 41.420 Penalty.
JURISDICTION OVER PROCEEDINGS IN WHICH INDIANS ARE PARTIES
NRS 41.430 Conditionsfor jurisdiction of State of Nevada.
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATION BYIMMEDIATE MEMBER OF FAMILY
NRS 41.440 Impositionof liability.
NRS 41.450 Operatorto be made party defendant; recourse on recovery of judgment.
NRS 41.460 Whendebtor in possession or long-term lessee deemed owner of motor vehicle.
LIABILITY OF PARENTS AND GUARDIANS FOR MINORS ACT OFNEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN DAMAGE
NRS 41.470 Impositionof liability for minors willful misconduct.
NRS 41.472 Impositionof liability for minors 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 Impositionof liability; conditions and limitations on actions based on acts and omissionsof officers or directors.
NRS 41.485 Conditionsand limitations on actions: Acts and omissions of volunteers of charitableorganizations.
LIABILITY OF PERSONS IN CONNECTION WITH FOOD DISTRIBUTEDWITHOUT CHARGE
NRS 41.491 Limitationson liability.
LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE
NRS 41.500 Generalrule; volunteers; members of search and rescue organization; persons renderingcardiopulmonary resuscitation or using defibrillator; presumptions relating toemergency care rendered on public school grounds or in connection with publicschool activities; business or organization that has defibrillator for use onpremises.
NRS 41.503 Hospitalcare or assistance necessitated by traumatic injury; presumption regardingfollow-up care.
NRS 41.505 Physicians,dentists, nurses and emergency medical attendants; licensed medical facilitiesin which certain emergency obstetrical care is rendered.
NRS 41.507 Volunteeremergency medical dispatchers and volunteer medical directors of agencies whichemploy emergency medical dispatchers.
LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSEREPORTS OF CRIMES OR EMERGENCIES
NRS 41.508 Civilaction brought by public agency; award of costs and attorneys fees.
LIABILITY OF PERSON WHO PROVIDES FALSE INFORMATION RELATINGTO POSTADOPTIVE CONTACT AGREEMENT
NRS 41.509 Actionbrought by natural parent; recovery; liability not exclusive.
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TOPERSONS USING PREMISES FOR RECREATIONAL PURPOSES
NRS 41.510 Limitationof liability; exceptions for malicious acts if consideration is given or otherduty exists.
ACTIONS BY SHAREHOLDERS AGAINST CORPORATIONS AND ASSOCIATIONSTO ENFORCE SECONDARY RIGHTS
NRS 41.520 Contentsand 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 CONTROLSFOR ENVIRONMENTAL PROTECTION
NRS 41.540 Actionmay be brought against person causing pollution, impairment or destruction ofair, water or other natural resources.
NRS 41.550 Securityfor and apportionment of costs.
NRS 41.560 Reliefwhich may be granted.
NRS 41.570 Provisionssupplementary to existing administrative or regulatory provisions.
LIABILITY OF RECEIVER OF STOLEN PROPERTY
NRS 41.580 Actionby owner of property; treble damages.
LENDERS LIABILITY
NRS 41.590 Lendernot liable for defects in property acquired with borrowed money.
FRAUD UPON PURCHASERS; MISREPRESENTATION
NRS 41.600 Actionsby victims of fraud.
NRS 41.610 Actionsagainst seller or manufacturer of unapproved drug for misrepresentation of itstherapeutic effect.
NEGOTIABLE INSTRUMENTS
NRS 41.620 Liabilityfor issuance on nonexistent account or drawing on insufficient money; liabilityfor use of invalid credit or debit card.
LIABILITY OF PERSONS WHO OFFICIATE SPORTING EVENTS
NRS 41.630 Limitationsof liability.
LIABILITY OF PERSON WHO ENGAGES IN RIGHT TO PETITION
NRS 41.635 Definitions.
NRS 41.637 Goodfaith communication in furtherance of the right to petition defined.
NRS 41.640 Politicalsubdivision defined.
NRS 41.650 Limitationof liability.
NRS 41.660 AttorneyGeneral or chief legal officer of political subdivision may defend or providesupport to person sued for engaging in right to petition; special counsel;filing special motion to dismiss; stay of discovery; adjudication upon merits.
NRS 41.670 Awardof reasonable costs and attorneys fees upon grant of special motion todismiss; person sued for engaging in right to petition may bring separateaction for damages.
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS MOTIVATEDBY CHARACTERISTICS OF VICTIM
NRS 41.690 Causeof action for damages resulting from criminal violation if perpetrator wasmotivated by certain characteristics of victim.
LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAILTHAT INCLUDE ADVERTISEMENTS
NRS 41.705 Definitions.
NRS 41.710 Advertisementdefined.
NRS 41.715 Electronicmail defined.
NRS 41.720 Networkdefined.
NRS 41.725 Recipientdefined.
NRS 41.730 Actionfor damages; exceptions; injunctive relief.
NRS 41.735 Immunityfor persons who provide users with access to network; applicability to items ofelectronic mail obtained voluntarily.
LIABILITY OF EMPLOYERS FOR CERTAIN ACTS
NRS 41.745 Liabilityof employer for intentional conduct of employee; limitations.
NRS 41.750 Limitationson liability of employer for damages arising from or relating to child careprovided to children of employee.
NRS 41.755 Limitationson liability of employer who discloses information regarding employee toprospective employer of employee; exceptions.
_________
CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS
NRS
1. For services or advances authorized by law, and forwhich an appropriation has been made, but of which the amount has not been fixedby law; or
2. For refund of an overpayment,
which claimthe State Board of Examiners or the State Controller has refused to allow, inwhole or in part, may commence an action in any court having jurisdiction ofthe 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 summonsmust be served upon the State Controller, and the action must proceed as othercivil actions to final judgment.
[1911 CPA 711; RL 5653; NCL 9200](NRS A 1967,720; 1969, 1117; 2003,627)
NRS
[1911 CPA 712; RL 5654; NCL 9201](NRS A 1969,1117)
NRS
[1911 CPA 713; RL 5655; NCL 9202]
LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIESAND POLITICAL SUBDIVISIONS
General Provisions
NRS
(Added to NRS by 1977, 455; A 1987, 95, 701, 740,1395; 1989, 1723; 1993, 1210; 1995, 814; 1997, 1035;
NRS
1. Employee includes an employee of a:
(a) Part-time or full-time board, commission or similarbody of the State or a political subdivision of the State which is created bylaw.
(b) Charter school.
(c) University school for profoundly gifted pupilsdescribed in Chapter 392A of NRS.
2. Employment includes any services performed by animmune contractor.
3. Immune contractor means any natural person,professional corporation or professional association which:
(a) Is an independent contractor with the Statepursuant to NRS 284.173; and
(b) Contracts to provide medical services for theDepartment of Corrections.
As used inthis subsection, professional corporation and professional association havethe 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 Statewhich is created by law.
(b) A public defender and any deputy or assistantattorney of a public defender or an attorney appointed to defend a person for alimited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistantdistrict attorney or an attorney appointed to prosecute a person for a limitedduration with limited jurisdiction.
(Added to NRS by 1977, 1536; A 1981, 247; 1987, 95,539; 1989, 695; 1991, 142; 1993, 2261; 1997, 914;
NRS
(Added to NRS by 1995, 98)
NRS
(Added to NRS by 1993, 874)
Waiver of Sovereign Immunity
NRS
1. The State of Nevada hereby waives its immunity fromliability and action and hereby consents to have its liability determined inaccordance with the same rules of law as are applied to civil actions againstnatural persons and corporations, except as otherwise provided in
2. An action may be brought under this section againstthe State of Nevada or any political subdivision of the State. In any actionagainst the State of Nevada, the action must be brought in the name of theState of Nevada on relation of the particular department, commission, board orother agency of the State whose actions are the basis for the suit. An actionagainst the State of Nevada must be filed in the county where the cause or somepart 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 theAttorney General, at the Office of the Attorney General in Carson City; and
(b) The person serving in the office of administrativehead of the named agency.
3. The State of Nevada does not waive its immunityfrom 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;
Conditions and Limitations on Actions
NRS
1. Based upon an act or omission of an officer,employee or immune contractor, exercising due care, in the execution of astatute or regulation, whether or not such statute or regulation is valid, ifthe statute or regulation has not been declared invalid by a court of competentjurisdiction; or
2. Based upon the exercise or performance or the failureto exercise or perform a discretionary function or duty on the part of theState or any of its agencies or political subdivisions or of any officer,employee or immune contractor of any of these, whether or not the discretioninvolved is abused.
(Added to NRS by 1965, 1413; A 1967, 992; 1977, 1536;1983, 2100; 1987, 540)
NRS
NRS
1. A person who is or was in the custody of theDepartment of Corrections may not proceed with any action against theDepartment or any of its agents, former officers, employees or contractors torecover compensation for the loss of his personal property, property damage,personal injuries or any other claim arising out of a tort pursuant to
2. The filing of an administrative claim pursuant to
3. An action filed by a person in accordance with thissection before the exhaustion of his administrative remedies must be stayed bythe court in which the action is filed until the administrative remedies areexhausted. The court shall dismiss the action if the person has not timelyfiled his administrative claim pursuant to NRS209.243.
4. If a person has exhausted his administrativeremedies and has filed and is proceeding with a civil action to recovercompensation for the loss of his personal property, property damage, personalinjuries or any other claim arising out of a tort, the Office of the AttorneyGeneral must initiate and conduct all negotiations for settlement relating tothat action.
(Added to NRS by 1993, 1210; A 1995, 1517;
NRS
(Added to NRS by 1989, 695; A
NRS
(Added to NRS by 1991, 142)
NRS
1. No action may be brought under
(a) Failure to inspect any building, structure,vehicle, street, public highway or other public work, facility or improvementto determine any hazards, deficiencies or other matters, whether or not thereis a duty to inspect; or
(b) Failure to discover such a hazard, deficiency orother matter, whether or not an inspection is made.
2. An inspection conducted with regard to a privatebuilding, structure, facility or improvement constitutes a public duty and doesnot 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
(Added to NRS by 1989, 1556)
NRS
1. The volunteer made a specific promise orrepresentation to a natural person who relied upon the promise orrepresentation to his detriment; or
2. The conduct of the volunteer affirmatively causedthe harm.
Theprovisions of this section are not intended to abrogate the principle of commonlaw that the duty of governmental entities to provide services is a duty owedto the public, not to individual persons.
(Added to NRS by 1995, 98)
NRS
(Added to NRS by 1975, 209)
NRS
1. Except as otherwise provided in subsection 2, noaction may be brought under NRS 41.031or against an officer or employee of the State or any of its agencies orpolitical subdivisions for injury, wrongful death or other damage sustained inor on a public building or public vehicle by a person who was engaged in anycriminal act proscribed in NRS 202.810,
2. Subsection 1 does not apply to any action forinjury, wrongful death or other damage:
(a) Intentionally caused or contributed to by anofficer or employee of the State or any of its agencies or politicalsubdivisions; or
(b) Resulting from the deprivation of any rights,privileges or immunities secured by the United States Constitution or theConstitution of the State of Nevada.
3. As used in this section:
(a) Public building includes every house, shed, tentor booth, whether or not completed, suitable for affording shelter for anyhuman being or as a place where any property is or will be kept for use, saleor deposit, and the grounds appurtenant thereto; and
(b) Public vehicle includes every device in, upon orby which any person or property is or may be transported or drawn upon a publichighway, waterway or airway,
owned, inwhole or in part, possessed, used by or leased to the State or any of itsagencies or political subdivisions.
(Added to NRS by 1987, 94, 95; A 1995, 738; 1997,346)
NRS
1. No action may be brought against:
(a) A sheriff or county assessor which is based solelyupon any act or omission of a deputy;
(b) A chief of a police department which is basedsolely upon any act or omission of an officer of the department;
(c) A chief of a fire department which is based solelyupon any act or omission of a firefighter or other person called to assist thedepartment;
(d) A member of the board of trustees of a countyschool district, the superintendent of schools of that school district or theprincipal of a school, which is based solely upon any act or omission of aperson volunteering as a crossing guard; or
(e) A chief of a local law enforcement agency which isbased solely on any act or omission of a person volunteering as a crossingguard.
2. This section does not:
(a) Limit the authority of the State or a politicalsubdivision or a public corporation of the State to bring an action on any bondor insurance policy provided pursuant to law for or on behalf of any person whomay be aggrieved or wronged.
(b) Limit or abridge the jurisdiction of any court torender judgment upon any such bond or insurance policy for the benefit of anyperson so aggrieved or wronged.
(Added to NRS by 1969, 563; A 1987, 216; 1995, 99;1997, 1584; 2005, 316)
NRS
1. The firefighter, officer or other person made aspecific promise or representation to a natural person who relied upon thepromise or representation to his detriment; or
2. The conduct of the firefighter, officer or otherperson affirmatively caused the harm.
Theprovisions of this section are not intended to abrogate the principle of commonlaw that the duty of governmental entities to provide services is a duty owedto the public, not to individual persons.
(Added to NRS by 1987, 216; A
NRS
(Added to NRS by
NRS
1. Officer or employee of the State or of anypolitical subdivision;
2. Immune contractor; or
3. State Legislator,
unless theState or appropriate political subdivision is named a party defendant under
(Added to NRS by 1975, 896; A 1977, 481, 1537; 1979,1731; 1987, 540)
Legal Representation
NRS
1. The Attorney General, in an action which involves apresent or former Legislator, officer or employee of this state, immune contractoror member of a state board or commission.
2. The chief legal officer or other authorized legalrepresentative of a political subdivision, in an action which involves apresent or former officer or employee of that political subdivision or apresent or former member of a local board or commission.
(Added to NRS by 1979, 1733; A 1987, 540;
NRS
1. Within 15 days after service of a copy of thesummons and complaint or other legal document commencing the action, he submitsa written request for defense:
(a) To the official attorney; or
(b) If the officer, employee or immune contractor hasan administrative superior, to the administrator of his agency and the officialattorney; and
2. The official attorney has determined that the actor omission on which the action is based appears to be within the course andscope of public duty or employment and appears to have been performed oromitted in good faith.
(Added to NRS by 1979, 1733; A 1987, 541)
NRS
1. The officer, employee, board or commission memberor Legislator; and
2. The state or any political subdivision named as aparty defendant,
each has 45days after their respective dates of service to file an answer or otherresponsive pleading.
(Added to NRS by 1979, 1733)
NRS
1. The official attorney shall determine as promptlyas possible whether or not to tender the defense of the person submitting therequest. Until the decision is made, the official attorney shall takeappropriate action to defend or otherwise protect the time of the personsubmitting the request to file a responsive pleading.
2. In any case in which the official attorneydetermines not to defend, he shall give written notice to the person whorequested the defense either:
(a) Ten days before the date an answer or otherresponsive pleading must be filed with the court; or
(b) If the defense has been commenced, 20 days beforethe time an application is made with the court to withdraw as the attorney ofrecord in accordance with NRS 41.0346.
(Added to NRS by 1979, 1733)
NRS
(Added to NRS by 1979, 1734)
NRS
(Added to NRS by 1979, 1734)
NRS
(Added to NRS by 1979, 1734; A 1991, 1751)
NRS
(Added to NRS by 1979, 1734)
NRS
(Added to NRS by 1979, 1734; A
NRS
(Added to NRS by 1979, 1734)
NRS
1. At any time after the official attorney hasappeared in any civil action and commenced to defend any person sued as apublic officer, employee, immune contractor, member of a board or commission,or Legislator, the official attorney may apply to any court to withdraw as theattorney of record for that person based upon:
(a) Discovery of any new material fact which was notknown at the time the defense was tendered and which would have altered thedecision to tender the defense;
(b) Misrepresentation of any material fact by theperson requesting the defense, if that fact would have altered the decision totender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was materialto the decision to tender the defense and which would have altered the decisionbut for the mistake;
(d) Discovery of any fact which indicates that the actor omission on which the civil action is based was not within the course andscope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good faithwith the defense of the case; or
(f) If the action has been brought in a court ofcompetent jurisdiction of this state, failure to name the State or politicalsubdivision as a party defendant, if there is sufficient evidence to establishthat the civil action is clearly not based on any act or omission relating tothe defendants public duty or employment.
2. If any court grants a motion to withdraw on any ofthe grounds set forth in subsection 1 brought by the official attorney, theState or political subdivision has no duty to continue to defend any person whois the subject of the motion to withdraw.
(Added to NRS by 1979, 1734; A 1987, 541;
NRS
1. If the Attorney General was responsible forproviding the defense, the State is liable to that person for reasonableexpenses in prosecuting his own defense, including court costs and attorneysfees. These expenses must be paid, upon approval by the State Board ofExaminers, from the Reserve for Statutory Contingency Account.
2. If the chief legal officer or attorney of apolitical subdivision was responsible for providing the defense, the politicalsubdivision is liable to that person for reasonable expenses in carrying on hisown defense, including court costs and attorneys fees.
(Added to NRS by 1979, 1735; A 1987, 542; 1991, 1751)
Verdict, Judgment, Damages and Indemnification
NRS
(Added to NRS by 1979, 1735; A 1987, 542; 1997, 1357)
NRS
1. The individual defendant was acting within thescope of his public duty or employment; and
2. The alleged act or omission by the individualdefendant was wanton or malicious.
(Added to NRS by 1979, 1735; A 1987, 542)
NRS
1. The person failed to submit a timely request fordefense;
2. The person failed to cooperate in good faith in thedefense of the action;
3. The act or omission of the person was not withinthe scope of his public duty or employment; or
4. The act or omission of the person was wanton ormalicious.
(Added to NRS by 1979, 1735; A 1987, 543)
NRS
1. An award for damages in an action sounding in tortbrought under NRS 41.031 or against apresent or former officer or employee of the State or any politicalsubdivision, immune contractor or State Legislator arising out of an act oromission within the scope of his public duties or employment may not exceed thesum of $50,000, exclusive of interest computed from the date of judgment, to orfor the benefit of any claimant. An award may not include any amount asexemplary or punitive damages.
2. The limitations of subsection 1 upon the amount andnature of damages which may be awarded apply also to any action sounding intort and arising from any recreational activity or recreational use of land orwater which is brought against:
(a) Any public or quasi-municipal corporation organizedunder the laws of this State.
(b) Any person with respect to any land or water leasedor otherwise made available by that person to any public agency.
(c) Any Indian tribe, band or community whether or nota fee is charged for such activity or use. The provisions of this paragraph donot impair or modify any immunity from liability or action existing on February26, 1968, or arising after February 26, 1968, in favor of any Indian tribe,band or community.
The Legislaturedeclares that the purpose of this subsection is to effectuate the public policyof the State of Nevada by encouraging the recreational use of land, lakes,reservoirs and other water owned or controlled by any public or quasi-municipalagency or corporation of this State, wherever such land or water may besituated.
(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532;1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073)
Miscellaneous Provisions
NRS
1. Each person who has a claim against the State orany of its agencies arising out of a tort must file his claim within 2 yearsafter the time the cause of action accrues with the Attorney General.
2. Each person who has a claim against any politicalsubdivision of the State arising out of a tort must file his claim within 2years after the time the cause of action accrues with the governing body ofthat political subdivision.
3. The filing of a claim in tort against the State ora political subdivision as required by subsections 1 and 2 is not acondition precedent to bringing an action pursuant to
4. The Attorney General shall, if authorized byregulations 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 toapprove, settle or deny a claim filed pursuant to subsection 1, the AttorneyGeneral shall investigate the claim and submit a report of findings to theState Board of Examiners concerning that claim.
6. The State Board of Examiners shall adoptregulations that specify:
(a) The type of claim that the Attorney General is requiredto approve, settle or deny pursuant to subsection 4; and
(b) The procedure to be used by the Attorney General toapprove, 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
1. Upon receiving a report of findings pursuant tosubsection 5 of NRS 41.036, the StateBoard of Examiners may approve, settle or deny any claim or action against theState, any of its agencies or any of its present or former officers, employees,immune contractors or Legislators.
2. Upon approval of a claim by the State Board ofExaminers or the Attorney General pursuant to subsection 4 of
(a) The State Controller shall draw his warrant for thepayment 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 ContingencyAccount.
3. The governing body of any political subdivisionwhose authority to allow and approve claims is not otherwise fixed by statutemay:
(a) Approve, settle or deny any claim or action againstthat subdivision or any of its present or former officers or employees; and
(b) Pay the claim or settlement from any moneyappropriated 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
1. Any agreement to settle a claim or action broughtunder NRS 41.031 or against a present orformer officer or employee of the State or any political subdivision, immunecontractor or state Legislator:
(a) Must not provide that any or all of the terms ofthe agreement are confidential.
(b) Must include the amount of any attorneys fees andcosts to be paid pursuant to the agreement.
(c) Is a public record and must be open for inspectionpursuant to NRS 239.010.
2. Any provision of an agreement to settle a claim oraction brought under NRS 41.031 oragainst 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
NRS
1. The State and any local government may:
(a) Insure itself against any liability arising under
(b) Insure any of its officers, employees or immunecontractors against tort liability resulting from an act or omission in thescope of his employment.
(c) Insure against the expense of defending a claimagainst itself or any of its officers, employees or immune contractors whetheror 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 froman act or omission in the scope of his employment while attending such afunction.
3. As used in this section:
(a) Insure means to purchase a policy of insurance orestablish a self-insurance reserve or fund, or any combination thereof.
(b) Local government means every politicalsubdivision and every other governmental entity in this State.
(Added to NRS by 1965, 1414; A 1969, 272, 564; 1977,388; 1987, 544)
NRS
1. On or before January 10 of each year, for thepreceding calendar year, each agency represented by the Attorney General shallsubmit to the Attorney General a summary of all claims made against the agencyfor tortious conduct. On or before February 1 of each year, the AttorneyGeneral shall compile the summaries submitted pursuant to this subsection andfile the compilation with the Secretary of State. The compilation is a publicrecord open to inspection.
2. On or before February 1 of each year, for thepreceding calendar year, the district attorney, city attorney or other attorneyon behalf of each local government shall compile and file with the clerk of itsgoverning body a summary of all claims made against that government fortortious conduct. The summary is a public record open to inspection.
3. The claims summarized pursuant to this section mustbe 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.
A total mustbe shown for each status in each category, and a total overall for each statusand 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 proceedingdoes not prevent the disclosure of the information required by this section, orexcuse the attorney for the state or local government from providing thatinformation.
(Added to NRS by 1993, 1163)
NRS
(Added to NRS by 1968, 27; A 1987, 96, 544)
APPOINTMENT OF ELISORS
NRS
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 thesatisfaction of the court in which the suit or proceeding is pending, or thejudge thereof, that the sheriff, by reason of any bias, prejudice or othercause, would not act promptly or impartially. The court or judge may requiresuch person so appointed to give a bond with sufficient security, in suchamount and with such condition, to the person to be served, as the court orjudge may deem necessary to secure the rights of the party.
[1911 CPA 553; RL 5495; NCL 9042]
NRS
[1911 CPA 554; RL 5496; NCL 9043]
NRS
[1911 CPA 555; RL 5497; NCL 9044]
NRS
[1911 CPA 556; RL 5498; NCL 9045]
LIABILITY OF COMMITTEE ON LOCAL GOVERNMENT FINANCE
NRS
1. Any act or omission in the execution of, orotherwise in conjunction with, the execution of
2. The exercise or performance or the failure toexercise or perform a discretionary function or duty on the part of theCommittee on Local Government Finance or member thereof, whether or not thediscretion involved is abused.
(Added to NRS by 1995, 145; A 1997, 573;
ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT
NRS
1. As used in this section, heir means a person who,under the laws of this State, would be entitled to succeed to the separateproperty of the decedent if he had died intestate. The term does not include aperson who is deemed to be a killer of the decedent pursuant to
2. When the death of any person, whether or not aminor, is caused by the wrongful act or neglect of another, the heirs of thedecedent and the personal representatives of the decedent may each maintain anaction for damages against the person who caused the death, or if the wrongdoeris dead, against his personal representatives, whether the wrongdoer diedbefore or after the death of the person he injured. If any other person isresponsible for the wrongful act or neglect, or if the wrongdoer is employed byanother person who is responsible for his conduct, the action may be maintainedagainst that other person, or if he is dead against his personalrepresentatives.
3. An action brought by the heirs of a decedentpursuant to subsection 2 and the cause of action of that decedent brought ormaintained by his personal representatives which arose out of the same wrongfulact or neglect may be joined.
4. The heirs may prove their respective damages in theaction brought pursuant to subsection 2 and the court or jury may award eachperson pecuniary damages for his grief or sorrow, loss of probable support,companionship, society, comfort and consortium, and damages for pain, sufferingor disfigurement of the decedent. The proceeds of any judgment for damagesawarded under this subsection are not liable for any debt of the decedent.
5. The damages recoverable by the personalrepresentatives of a decedent on behalf of his estate include:
(a) Any special damages, such as medical expenses,which the decedent incurred or sustained before his death, and funeralexpenses; and
(b) Any penalties, including, but not limited to,exemplary or punitive damages, that the decedent would have recovered if he hadlived,
but do notinclude damages for pain, suffering or disfigurement of the decedent. Theproceeds of any judgment for damages awarded under this subsection are liablefor the debts of the decedent unless exempted by law.
(Added to NRS by 1979, 458; A 1995, 2667;
LIABILITY OF PERSON WHO USES DEADLY FORCE AGAINST INTRUDERIN RESIDENCE
NRS
1. For the purposes of
2. As used in this section, residence means anyhouse, room, apartment, tenement or other building, vehicle, vehicle trailer,semitrailer, house trailer or boat designed or intended for occupancy as aresidence.
(Added to NRS by 1989, 1798)
SURVIVAL OF CAUSES OF ACTION
NRS
1. Except as otherwise provided in this section and
2. In an action against an executor or administrator,any damages may be awarded which would have been recovered against the decedentif he had lived, except damages awardable under
3. Except as otherwise provided in this subsection,when a person who has a cause of action dies before judgment, the damagesrecoverable by his executor or administrator include all losses or damageswhich the decedent incurred or sustained before his death, including anypenalties or punitive and exemplary damages which the decedent would haverecovered if he had lived, and damages for pain, suffering or disfigurement andloss of probable support, companionship, society, comfort and consortium. Thissubsection does not apply to the cause of action of a decedent brought by hispersonal representatives for his wrongful death.
4. The executor or administrator of the estate of aperson insured under a policy of life insurance may recover on behalf of theestate any loss, including, without limitation, consequential damages andattorneys fees, arising out of the commission of an act that constitutes anunfair practice pursuant to subsection 1 of NRS686A.310.
5. This section does not prevent subrogation suitsunder the terms and conditions of an uninsured motorists provision of aninsurance 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 ORDEFAULT
NRS
[1911 CPA 707; RL 5649; NCL 9196](NRS A 1997,1357)
NRS
1. No person who serves or sells alcoholic beveragesis liable in a civil action based on the grounds that the service or sale wasthe proximate cause of injuries inflicted by an intoxicated person upon himselfor another person.
2. The violation of any statute, regulation orordinance which regulates the sale or service of alcoholic beverages to a minoror an intoxicated person does not constitute negligence per se in any actionbrought against the server or seller for injuries inflicted by an intoxicatedperson upon himself or another person.
(Added to NRS by 1995, 2667)
NRS
1. No person has a cause of action against themanufacturer or distributor of any firearm or ammunition merely because thefirearm or ammunition was capable of causing serious injury, damage or death, wasdischarged and proximately caused serious injury, damage or death. Thissubsection is declaratory and not in derogation of the common law.
2. This section does not affect a cause of actionbased upon a defect in design or production. The capability of a firearm orammunition to cause serious injury, damage or death when discharged does notmake the product defective in design.
(Added to NRS by 1985, 1469)
NRS
1. Failed to comply with an ordinance adopted pursuantto paragraph (d) of subsection 2 of NRS278.02313; or
2. Created a dangerous condition that caused theinjury or damage.
(Added to NRS by
NRS
(Added to NRS by 1985, 968)
NRS
(Added to NRS by 1997, 1811)
NRS
1. A person who has suffered injury as the proximateresult of a violation of the provisions of NRS205.463 may commence an action for the recovery of his actual damages,costs and reasonable attorneys fees and for any punitive damages that thefacts may warrant.
2. An action described in subsection 1 must becommenced not later than 2 years after the person who suffered the injurydiscovers the facts constituting the violation of the provisions of
(Added to NRS by
NRS
1. A felony;
2. An act that would have been a felony if committedby an adult; or
3. A misdemeanor or gross misdemeanor that constitutesdomestic violence pursuant to NRS 33.018,
may notbring an action against the victim or the estate of the victim for injuriessustained by the offender or damage to property of the offender that occurredduring the course of the crime or delinquent act.
(Added to NRS by 1985, 968; A 1989, 1453; 1997, 2,1811)
NRS
1. Except as otherwise provided in subsection 2, apeace officer, firefighter or emergency medical attendant may bring andmaintain an action for damages for personal injury caused by the willful act ofanother, or by anothers lack of ordinary care or skill in the management ofhis property, if the conduct causing the injury:
(a) Occurred after the person who caused the injuryknew or should have known of the presence of the peace officer, firefighter oremergency 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 requiringcompliance with an order of a peace officer or firefighter; or
(d) Was arson.
2. This section does not impose liability on theemployer of the peace officer, firefighter or emergency medical attendant.
3. As used in this section:
(a) Emergency medical attendant means a personlicensed as an attendant or certified as an emergency medical technician,intermediate emergency medical technician or advanced emergency medicaltechnician pursuant to chapter 450B of NRS.
(b) Peace officer has the meaning ascribed to it in
(Added to NRS by 1985, 151; A 1991, 457;
NRS
(Added to NRS by 1987, 2087)
NRS
1. Except as otherwise provided in subsection 3, if anolder person or a vulnerable person suffers a personal injury or death that iscaused by abuse or neglect or suffers a loss of money or property caused byexploitation, the person who caused the injury, death or loss is liable to theolder person or vulnerable person for two times the actual damages incurred bythe older person or vulnerable person.
2. If it is established by a preponderance of theevidence that a person who is liable for damages pursuant to this section actedwith recklessness, oppression, fraud or malice, the court shall order theperson to pay the attorneys fees and costs of the person who initiated thelawsuit.
3. The provisions of this section do not apply to aperson who caused injury, death or loss to a vulnerable person if he did notknow 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 mentalanguish; or
(2) Deprivation of food, shelter, clothing orservices which are necessary to maintain the physical or mental health of anolder person or a vulnerable person.
(b) Exploitation means any act taken by a person whohas the trust and confidence of an older person or a vulnerable person or anyuse of the power of attorney or guardianship of an older person or a vulnerableperson to:
(1) Obtain control, through deception,intimidation or undue influence, over the money, assets or property of theolder person or vulnerable person with the intention of permanently deprivingthe older person or vulnerable person of the ownership, use, benefit orpossession of his money, assets or property; or
(2) Convert money, assets or property of theolder person with the intention of permanently depriving the older person orvulnerable person of the ownership, use, benefit or possession of his money, assetsor property.
As used inthis paragraph, undue influence does not include the normal influence thatone member of a family has over another.
(c) Neglect means the failure of a person who hasassumed legal responsibility or a contractual obligation for caring for anolder person or a vulnerable person, or who has voluntarily assumedresponsibility for his care, to provide food, shelter, clothing or serviceswithin the scope of his responsibility or obligation, which are necessary tomaintain the physical or mental health of the older person or vulnerableperson. For the purposes of this paragraph, a person voluntarily assumesresponsibility to provide care for an older or vulnerable person only to theextent that he has expressly acknowledged his responsibility to provide suchcare.
(d) Older person means a person who is 60 years ofage or older.
(e) Vulnerable person means a person who:
(1) Has a physical or mental impairment thatsubstantially limits one or more of the major life activities of the person;and
(2) Has a medical or psychological record of theimpairment or is otherwise regarded as having the impairment.
The termincludes, without limitation, a person who is mentally retarded, a person whohas a severe learning disability, a person who suffers from a severe mental oremotional illness or a person who suffers from a terminal or catastrophicillness or injury.
(Added to NRS by 1997, 3344; A
NRS
(Added to NRS by 1987, 2028)
NRS
(Added to NRS by 1993, 2478)
COMPARATIVE NEGLIGENCE
NRS
1. In any action to recover damages for death orinjury to persons or for injury to property in which comparative negligence isasserted as a defense, the comparative negligence of the plaintiff or hisdecedent does not bar a recovery if that negligence was not greater than thenegligence or gross negligence of the parties to the action against whomrecovery is sought.
2. In those cases, the judge shall instruct the jurythat:
(a) The plaintiff may not recover if his comparativenegligence or that of his decedent is greater than the negligence of thedefendant or the combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is entitled torecover, it shall return:
(1) By general verdict the total amount ofdamages the plaintiff would be entitled to recover without regard to hiscomparative negligence; and
(2) A special verdict indicating the percentageof negligence attributable to each party remaining in the action.
3. If a defendant in such an action settles with theplaintiff before the entry of judgment, the comparative negligence of thatdefendant and the amount of the settlement must not thereafter be admitted intoevidence nor considered by the jury. The judge shall deduct the amount of thesettlement from the net sum otherwise recoverable by the plaintiff pursuant tothe general and special verdicts.
4. Where recovery is allowed against more than one defendantin such an action, except as otherwise provided in subsection 5, each defendantis severally liable to the plaintiff only for that portion of the judgmentwhich represents the percentage of negligence attributable to him.
5. This section does not affect the joint and severalliability, 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 orhazardous substance;
(d) The concerted acts of the defendants; or
(e) An injury to any person or property resulting froma 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 includenegligent acts committed by providers of health care while working together toprovide treatment to a patient.
(b) Provider of health care has the meaning ascribedto it in NRS 629.031.
(Added to NRS by 1973, 1722; A 1979, 1356; 1987,1697; 1989, 72)
PROCEDURE FOR EVIDENCING DOMICILE
NRS
1. Any person who has established his domicile in thisstate may manifest and evidence his domicile by filing in the office of theclerk of the district court for the county in which he resides, a swornstatement showing that he resides in and maintains a residence in that county,which he recognizes and intends to maintain as his permanent home.
2. Any person who has established a domicile in thisstate, but who maintains another residence in some other state, may manifestand evidence his domicile in this state by filing in the office of the clerk ofthe district court for the county in which he resides, a sworn statement thathis residence in Nevada constitutes his predominant and principal home, andthat he intends to continue it permanently as his predominant and principalhome.
3. A sworn statement filed pursuant to this sectionmust contain, in addition to the declaration required in subsection 1 or 2, adeclaration that the person making the statement is at the time of making thestatement a bona fide resident of the State, and it must set forth his place ofresidence, the city, county and state in which he formerly resided, and allother places, if any, in which he maintains a residence.
(Added to NRS by 1979, 336)
NRS
1. A person who:
(a) Is or was domiciled in a state other than Nevadaand who:
(1) Has a residence in Nevada; or
(2) Does or has done acts within Nevada which,independently of his actual intention concerning his domicile, might be takento indicate that he is or intends to be domiciled in Nevada; and
(b) Desires to maintain or continue his domicile in astate other than Nevada,
may manifestand evidence his permanent domicile in that other state by filing in the officeof the clerk of the district court in any county in Nevada in which he has aresidence or in which he may have performed those acts, a sworn statement thathis domicile is in a state other than Nevada, naming the state and stating thathe intends to permanently continue his domicile in that state.
2. The sworn statement filed pursuant to this sectionmust contain, in addition to the declaration required in subsection 1, adeclaration that the person making the statement is, at the time of making thestatement, a resident of a state other than Nevada, and it must set forth theplace of residence which he maintains in the state or the fact that he does notmaintain a residence in Nevada. It must also set forth other facts withreference to any acts done by him which he desires not be construed as evidencingan intention to establish his domicile in Nevada.
(Added to NRS by 1979, 337)
NRS
(Added to NRS by 1979, 337)
NRS
(Added to NRS by 1979, 337)
PROCEDURE FOR COMPROMISING CLAIMS OF MINORS
NRS
1. If an unemancipated minor has a disputed claim formoney against a third person, either parent, or if the parents of the minor areliving separate and apart, then the custodial parent, or if no custody awardhas been made, the parent with whom the minor is living, or if a generalguardian or guardian of the estate of the minor has been appointed, then thatguardian, has the right to compromise the claim. Such a compromise is noteffective until it is approved by the district court of the county where theminor resides, or if the minor is not a resident of the State of Nevada, thenby the district court of the county where the claim was incurred, upon averified 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 purviewof this section, including:
(1) The circumstances which make it a disputedclaim for money;
(2) The name of the third person against whomthe 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 legalguardian of the minor;
(d) The name and residence of the person or personshaving physical custody or control of the minor;
(e) The name and residence of the petitioner and therelationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposedcompromise and the apportionment of those proceeds, including the amount to beused for:
(1) Attorneys fees and whether the attorneysfees are fixed or contingent fees, and if the attorneys fees are contingentfees the percentage of the proceeds to be paid as attorneys fees;
(2) Medical expenses; and
(3) Other expenses,
and whetherthese fees and expenses are to be deducted before or after the calculation ofany contingency fee;
(g) Whether the petitioner believes the acceptance ofthis compromise is in the best interest of the minor; and
(h) That the petitioner has been advised andunderstands that acceptance of the compromise will bar the minor from seekingfurther relief from the third person offering the compromise.
3. If the claim involves a personal injury suffered bythe minor, the petitioner must submit all relevant medical and health carerecords to the court at the compromise hearing. The records must includedocumentation of:
(a) The injury, prognosis, treatment and progress ofrecovery 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, anyamount owing for medical expenses and an estimate of the amount of medicalexpenses which may be incurred in the future.
4. If the court approves the compromise of the claimof the minor, the court must direct the money to be paid to the father, motheror guardian of the minor, with or without the filing of any bond, or it mustrequire a general guardian or guardian ad litem to be appointed and the moneyto be paid to the guardian or guardian ad litem, with or without a bond, as thecourt, in its discretion, deems to be in the best interests of the minor.
5. Upon receiving the proceeds of the compromise, theparent or guardian to whom the proceeds of the compromise are ordered to bepaid, shall establish a blocked financial investment for the benefit of theminor with the proceeds of the compromise. Money may be obtained from theblocked financial investment only pursuant to subsection 6. Within 30 daysafter receiving the proceeds of the compromise, the parent or guardian shallfile with the court proof that the blocked financial investment has beenestablished. If the balance of the investment is more than $10,000, the parent,guardian or person in charge of managing the investment shall annually filewith the court a verified report detailing the activities of the investmentduring the previous 12 months. If the balance of the investment is $10,000 orless, the court may order the parent, guardian or person in charge of managingthe investment to file such periodic verified reports as the court deemsappropriate. The court may hold a hearing on a verified report only if it deemsa hearing necessary to receive an explanation of the activities of theinvestment.
6. Thebeneficiary of a block financial investment may obtain control of or money fromthe investment:
(a) By an orderof the court which held the compromise hearing; or
(b) Bycertification of the court which held the compromise hearing that thebeneficiary has reached the age of 18 years, at which time control of theinvestment must be transferred to the beneficiary or the investment must beclosed and the money distributed to the beneficiary.
7. The clerk of the district court shall not chargeany fee for filing a petition for leave to compromise or for placing thepetition upon the calendar to be heard by the court.
8. As used in this section, the term blockedfinancial investment means a savings account established in a depositoryinstitution in this state, a certificate of deposit, a United States savingsbond, a fixed or variable annuity contract, or another reliable investment thatis 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 TOVITAL STATISTICS
NRS
(Added to NRS by 1979, 1278)
NRS
[1:167:1941; 1931 NCL 5285.01]
NRS
1. Every person desiring to have the date of hisbirth, the place of his birth or his parentage established must file a verifiedpetition accompanied by his fingerprint chart, with a small recent photographattached, in the district court of the county in which such person has been aresident for at least 6 months prior thereto, which petition must recite thecircumstances involved and the desire of the petitioner in relation thereto.
2. Any action to establish parentage must be entitledIn the Matter of the Parental Relation of ................ and................ Notice of the bringing of the action must be served, in themanner provided by law and the Nevada Rules of Civil Procedure for the serviceof process, upon each of the following persons, if living:
(a) The person whose parentage it is sought toestablish; and
(b) Each known or alleged parent, except a parent whohas brought the action.
3. If the court so requests, the State Registrar ofVital Statistics must examine his records and provide to the court any datarelevant to the action which he finds.
[2:167:1941; 1931 NCL 5285.02](NRS A 1979, 1278)
NRS
[3:167:1941; 1931 NCL 5285.03]
NRS
[4:167:1941; 1931 NCL 5285.04](NRS A 1979, 1279)
NRS
[5:167:1941; 1931 NCL 5285.05](NRS A
NRS
[6:167:1941; 1931 NCL 5285.06]
PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS
NRS
[1:16:1869; B 4036; BH 4944; C 5001; RL 5835;NCL 9457](NRS A 1989, 488;
NRS
1. Except as otherwise provided in subsection 2, uponthe filing of the petition, the applicant shall make out and procure a noticethat must:
(a) State the fact of the filing of the petition, itsobject, his present name and the name which he desires to bear in the future;and
(b) Be published in some newspaper of generalcirculation in the county once a week for 3 successive weeks.
2. If the applicant submits proof satisfactory to thecourt that publication of the change of name would place his personal safety atrisk, the court shall not require the applicant to comply with the provisionsof subsection 1 and shall order the records concerning the petition and anyproceedings concerning the petition to be sealed and to be opened forinspection only upon an order of the court for good cause shown or upon therequest of the applicant.
[2:16:1869; A 1941, 12; 1943, 87; 1943 NCL 9458](NRS A 2003,1755)
NRS
1. If, within 10 days after the last publication ofthe notice no written objection is filed with the clerk, upon proof of thefiling of the petition and publication of notice as required in
2. Upon the making of an order either granting ordenying the prayer of the applicant, the order must be recorded as a judgmentof the court. If the petition is granted, the name of the applicant mustthereupon be as stated in the order and the clerk shall transmit a certifiedcopy of the order to the State Registrar of Vital Statistics.
3. If an order grants a change of name to a person whohas a criminal record, the clerk shall transmit a certified copy of the orderto the Central Repository for Nevada Records of Criminal History for inclusionin that persons record of criminal history.
4. Upon receiving uncontrovertible proof that anapplicant in his petition falsely denied having been convicted of a felony, thecourt shall rescind its order granting the change of name and the clerk shalltransmit a certified copy of the order rescinding the previous order to:
(a) The State Registrar of Vital Statistics forinclusion in his records.
(b) The Central Repository for Nevada Records ofCriminal History for inclusion in his 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
[1:23:1941; 1931 NCL 3536]
NRS
[2:23:1941; 1931 NCL 3536.01]
NRS
[3:23:1941; 1931 NCL 3536.02]
NRS
(Added to NRS by 1959, 851; A 1973, 92, 1218; 1985,231; 2001, 1116)
NRS
[3 1/2:23:1941; added 1945, 105; 1943 NCL 3536.031/2](NRS A 1959, 851)
LIBEL IN NEWSPAPER; SLANDER BY RADIO OR TELEVISIONBROADCAST
NRS
(Added to NRS by 1969, 553;
NRS
(Added to NRS by 1969, 553)
NRS
(Added to NRS by 1969, 553)
NRS
(Added to NRS by 1969, 553)
NRS
(Added to NRS by 1969, 553)
NRS
1. In any action for damages for the publication of alibel in a newspaper, or of a slander by radio or television broadcast, theplaintiff may recover no more than special damages unless a correction isdemanded by the plaintiff and not published or broadcast.
2. A demand for correction shall be in writing andshall be served upon the newspaper or broadcaster at its place of business.Such demand shall specify the statements claimed to be libelous or slanderousand shall demand a correction.
3. Such demand for correction must be served within 90days after the plaintiff has knowledge of the publication or broadcast of thestatements claimed to be libelous or slanderous.
(Added to NRS by 1969, 553; A 1975, 1521)
NRS
(Added to NRS by 1969, 553)
NRS
(Added to NRS by 1969, 553)
LIABILITY FOR DEFAMATORY STATEMENTS PUBLISHED OR UTTEREDOVER BROADCASTING STATIONS
NRS
[1:230:1951]
NRS
[2:230:1951]
NRS
[3:230:1951]
LIABILITY OF PERSONS CONVICTED OF PERJURY OR SUBORNATION OFPERJURY
1. Subject to the provisions of subsection 2, a personwho has suffered injury as the proximate result of perjury or subornation ofperjury committed by another may bring an action for the recovery of his actualdamages and any punitive damages which the facts may warrant.
2. There is no cause of action under subsection 1unless the defendant has been convicted of the perjury or subornation ofperjury which caused the injury.
3. As used in this section, injury includes deprivationof 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
[1:53:1943; 1943 NCL 4071](NRS A 1979, 1171)
NRS
[2:53:1943; 1943 NCL 4071.01](NRS A 1979, 1172)
NRS
1. All causes of action for criminal conversationwhich have accrued before July 1, 1979, must be commenced within 60 days afterJuly 1, 1979.
2. All such actions not so commenced are thereafterforever barred.
[3:53:1943; 1943 NCL 4071.02](NRS A 1979, 1172)
NRS
[4:53:1943; 1943 NCL 4071.03](NRS A 1979, 1172)
NRS
[5:53:1943; 1943 NCL 4071.04](NRS A 1979, 1172)
NRS
[6:53:1943; 1943 NCL 4071.05]
JURISDICTION OVER PROCEEDINGS IN WHICH INDIANS ARE PARTIES
NRS
1. Pursuant to the provisions of section 7, chapter505, Public Law 280 of the 83d Congress, approved August 15, 1953, and being 67Stat. 588, and sections 401 to 403, inclusive, of Title IV, Public Law 284 ofthe 90th Congress, approved April 11, 1968, and being 82 Stat. 78, et seq., theState of Nevada does hereby assume jurisdiction over public offenses committedby or against Indians in the areas of Indian country in Nevada, as well asjurisdiction over civil causes of action between Indians or to which Indiansare parties which arise in the areas of Indian country in Nevada, subject onlyto the conditions of subsections 3 and 4 of this section.
2. Any tribal ordinance or custom adopted by an Indiantribe, band or community in the exercise of any authority possessed by itshall, if not inconsistent with any applicable civil law of this state, begiven full force and effect in the determination of civil causes of actionpursuant to this section.
3. This section applies to all areas of Indian countrywithin this state wherein the Indian tribe occupying any such area has consentedto the continuation of state jurisdiction over such area in the manner providedin sections 6 to 14, inclusive, of chapter 601, Statutes of Nevada 1973, or hasconsented to the assumption of state jurisdiction over such area in the mannerprovided 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 Indiancountry within this state wherein the Indian tribe occupying any such area hasfailed or refused to consent to the continuation of state jurisdiction oversuch area in the manner provided in sections 6 to 14, inclusive, of chapter601, Statutes of Nevada 1973; and the State of Nevada hereby recedes from andrelinquishes jurisdiction over any such area.
[1:198:1955] + [2:198:1955] + [3:198:1955](NRS A1973, 1051)
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATIONBY IMMEDIATE MEMBER OF FAMILY
NRS
(Added to NRS by 1957, 60)
NRS
(Added to NRS by 1957, 61)
NRS
1. For the purpose of imposing liability pursuant to
(a) A security interest, the debtor in possession shallbe deemed to be the owner and the secured party out of possession shall not bedeemed to be the owner.
(b) A long-term lease, the long-term lessee shall bedeemed to be the owner and the long-term lessor shall not be deemed to be theowner.
2. As used in this section:
(a) Lease, long-term lessee and long-term lessorhave the meanings ascribed to them in NRS482.053.
(b) Owner has only the significance attributed to itby NRS 41.440.
(c) Secured party and security interest have themeanings ascribed to them by chapter 104 ofNRS.
(Added to NRS by 1957, 61; A 1965, 916; 1967, 704)
LIABILITY OF PARENTS AND GUARDIANS FOR MINORS ACT OFNEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN DAMAGE
NRS
1. Except as otherwise provided in
2. The joint and several liability of one or bothparents or guardian having custody or control of a minor under this sectionmust not exceed $10,000 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is inaddition to any other liability imposed by law.
(Added to NRS by 1957, 8; A 1967, 419; 1975, 652;1979, 461; 1999, 897)
NRS
1. If a parent, guardian or other person legallyresponsible for a minor under the age of 18 years:
(a) Knows that the minor has previously beenadjudicated delinquent or has been convicted of a criminal offense;
(b) Knows that the minor has a propensity to commitviolent acts; or
(c) Knows or has reason to know that the minor intendsto use the firearm for unlawful purposes,
and permitsthe minor to use or possess a firearm, any negligence or willful misconduct ofthe minor in connection with such use or possession is imputed to the personwho permits such use or possession for all purposes of civil damages, and,notwithstanding the provisions of subsection 2 of
2. As used in this section, firearm has the meaningascribed 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
1. A nonprofit corporation, association ororganization formed under the laws of this state is not immune from liabilityfor the injury or damage caused any person, firm or corporation as a result ofthe negligent or wrongful act of the nonprofit corporation, association ororganization, or its agents, employees or servants acting within the scope oftheir agency or employment.
2. No action may be brought against an officer,trustee, director or other possessor of the corporate powers of a nonprofitassociation or trust formed under the laws of this state based on any act oromission arising from failure in his official capacity to exercise due careregarding the management or operation of the entity unless the act or omissioninvolves intentional misconduct, fraud or a knowing violation of the law.
(Added to NRS by 1957, 63; A 1987, 85; 1991, 1309)
NRS
1. Except as otherwise provided in subsection 2, avolunteer of a charitable organization is immune from liability for civildamages as a result of an act or omission:
(a) Of an agent of the charitable organization; or
(b) Concerning services he performs for the charitableorganization that are not supervisory in nature and are not part of any dutiesor responsibilities he may have as an officer, director or trustee of thecharitable organization, unless his act is intentional, willful, wanton ormalicious.
2. This section does not restrict the liability of acharitable organization for the acts or omissions of a volunteer performingservices on its behalf.
3. As used in this section:
(a) Agent means an officer, director, trustee oremployee, whether or not compensated, or a volunteer;
(b) Charitable organization means a nonprofitcorporation, association or organization, or a licensed medical facility orfacility for the dependent, but does not include a fire department, lawenforcement agency or auxiliary thereof; and
(c) Volunteer means an officer, director, trustee orother person who performs services without compensation, other thanreimbursement for actual and necessary expenses on behalf of or to benefit acharitable organization.
(Added to NRS by 1987, 1066)
LIABILITY OF PERSONS IN CONNECTION WITH FOOD DISTRIBUTEDWITHOUT CHARGE
NRS
1. No civil action for an injury or illness which resultsfrom the consumption or use of wholesome food or a grocery product that is fitfor human use may be brought against:
(a) A person or an employee of a person who, in goodfaith, donates the food or grocery product to a nonprofit charitable organizationfor free distribution or to any other person for consumption or use;
(b) A nonprofit charitable organization or an employeeof a nonprofit charitable organization which, in good faith, receives ordistributes without charge, the food or grocery product;
(c) A person who harvests wholesome food and who, ingood faith, donates that food to a nonprofit charitable organization for freedistribution or to any other person for consumption; or
(d) A person to whom wholesome food or a groceryproduct that is fit for human use has been donated without charge who, in goodfaith, distributes without charge that food or grocery product to a member ofhis immediate family,
unless theinjury or illness directly resulted from the gross negligence or willfulmisconduct of the donor, donee, organization or employee.
2. If an owner or a manager of property allows aperson to glean food from that property in order to distribute that foodwithout charge to other persons or donate the food to a nonprofit charitableorganization for free distribution, no civil action for an injury or deathresulting from that gleaning may be brought against the owner or manager of theproperty unless the injury or death directly resulted from the gross negligenceor willful misconduct of the owner or manager.
3. No civil action for an injury or illness whichresults from the consumption or use of food or a grocery product which does notcomply with all of the applicable standards for quality and labeling imposed byfederal and state statutes and regulations and local ordinances, may be broughtagainst:
(a) A person or an employee of a person who, in goodfaith, donates the food or grocery product to a nonprofit charitableorganization for free distribution if, before the food or grocery product isdonated:
(1) The person or employee fully informs theorganization that the food or grocery product does not comply with theapplicable standards; and
(2) The organization agrees to recondition thefood or grocery product before it is distributed so that it complies with theapplicable standards; or
(b) A nonprofit organization which receives anddistributes without charge the food or grocery product if the organization, orany officer, employee or volunteer of the organization, reconditions the foodor grocery product before it is distributed so that it complies with theapplicable standards,
unless theinjury or illness directly resulted from the gross negligence or willfulmisconduct 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 anotherperson without requiring anything of monetary value from that person; or
(2) Sell food or a grocery product for a feethat is significantly less than the cost of the item sold.
(b) Glean means to gather or collect an agriculturalcrop which is donated by an owner or manager of property.
(c) Grocery product that is fit for human use means agrocery product, other than food, which complies with all the applicablestandards for quality and labeling imposed by federal and state statutes andregulations and local ordinances. The term includes:
(1) Products which are not readily marketablebecause 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) Wholesome food means any raw, cooked, processedor prepared food or beverage which is intended for human consumption and whichcomplies with all the applicable standards for quality and labeling imposed byfederal and state statutes and regulations and local ordinances. The termincludes 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)
LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE
NRS
1. Except as otherwise provided in
2. Any person in this State who acts as a driver of anambulance or attendant on an ambulance operated by a volunteer service or as avolunteer driver or attendant on an ambulance operated by a politicalsubdivision of this State, or owned by the Federal Government and operated by acontractor of the Federal Government, and who in good faith renders emergencycare or assistance to any injured or ill person, whether at the scene of anemergency or while transporting an injured or ill person to or from any clinic,doctors office or other medical facility, is not liable for any civil damagesas a result of any act or omission, not amounting to gross negligence, by himin rendering the emergency care or assistance, or as a result of any act orfailure to act, not amounting to gross negligence, to provide or arrange forfurther medical treatment for the injured or ill person.
3. Any appointed member of a volunteer serviceoperating an ambulance or an appointed volunteer serving on an ambulanceoperated by a political subdivision of this State, other than a driver orattendant, of an ambulance, is not liable for any civil damages as a result ofany act or omission, not amounting to gross negligence, by him whenever he isperforming his duties in good faith.
4. Any person who is a member of a search and rescueorganization in this State under the direct supervision of any county sheriffwho in good faith renders care or assistance in an emergency to any injured orill person, whether at the scene of an emergency or while transporting aninjured or ill person to or from any clinic, doctors office or other medicalfacility, is not liable for any civil damages as a result of any act oromission, not amounting to gross negligence, by him in rendering the emergencycare or assistance, or as a result of any act or failure to act, not amountingto gross negligence, to provide or arrange for further medical treatment forthe injured or ill person.
5. Any person who is employed by or serves as avolunteer for a public fire-fighting agency and who is authorized pursuant to
6. Any person who:
(a) Has successfully completed a course incardiopulmonary resuscitation according to the guidelines of the AmericanNational Red Cross or American Heart Association;
(b) Has successfully completed the trainingrequirements of a course in basic emergency care of a person in cardiac arrestconducted in accordance with the standards of the American Heart Association;or
(c) Is directed by the instructions of a dispatcher foran ambulance, air ambulance or other agency that provides emergency medicalservices before its arrival at the scene of the emergency,
and who ingood faith renders cardiopulmonary resuscitation in accordance with histraining or the direction, other than in the course of his regular employmentor profession, is not liable for any civil damages as a result of any act oromission, not amounting to gross negligence, by that person in rendering thatcare.
7. For the purposes of subsection 6, a person who:
(a) Is required to be certified in the administrationof cardiopulmonary resuscitation pursuant to NRS391.092; and
(b) In good faith renders cardiopulmonary resuscitationon the property of a public school or in connection with a transportation of pupilsto or from a public school or while on activities that are part of the programof a public school,
shall bepresumed to have acted other than in the course of his regular employment orprofession.
8. Any person who gratuitously and in good faith rendersemergency medical care involving the use of an automated external defibrillatoris not liable for any civil damages as a result of any act or omission, notamounting to gross negligence, by that person in rendering that care.
9. A business or organization that has placed anautomated external defibrillator for use on its premises is not liable for anycivil damages as a result of any act or omission, not amounting to grossnegligence, by the person rendering such care or for providing the automatedexternal defibrillator to the person for the purpose of rendering such care ifthe business or organization:
(a) Complies with all current federal and stateregulations governing the use and placement of an automated externaldefibrillator;
(b) Ensures that the automated external defibrillatoris maintained and tested according to the operational guidelines established bythe manufacturer; and
(c) Establishes requirements for the notification ofemergency medical assistance and guidelines for the maintenance of theequipment.
10. As used in this section, gratuitously means thatthe person receiving care or assistance is not required or expected to pay anycompensation 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;
NRS
1. Except as otherwise provided in subsection 2 and
(a) A hospital which has been designated as a centerfor the treatment of trauma by the Administrator of the Health Division of theDepartment of Health and Human Services pursuant to
(b) A hospital other than a hospital described inparagraph (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 theprovisions of chapter 630,
(e) A physician or dentist licensed under theprovisions of chapter 630,
(1) Whose liability is not otherwise limitedpursuant to NRS 41.032 to
(2) Who renders care or assistance in a hospitalof a governmental entity that has been designated as a center for the treatmentof trauma by the Administrator of the Health Division of the Department ofHealth and Human Services pursuant to NRS450B.237, whether or not the care or assistance was rendered gratuitouslyor for a fee,
that in goodfaith renders care or assistance necessitated by a traumatic injury demandingimmediate medical attention, for which the patient enters the hospital throughits 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 ofjudgment, to or for the benefit of any claimant arising out of any act oromission in rendering that care or assistance if the care or assistance isrendered in good faith and in a manner not amounting to gross negligence orreckless, willful or wanton conduct.
2. The limitation on liability provided pursuant to thissection does not apply to any act or omission in rendering care or assistance:
(a) Which occurs after the patient is stabilized and iscapable of receiving medical treatment as a nonemergency patient, unlesssurgery is required as a result of the emergency within a reasonable time afterthe patient is stabilized, in which case the limitation on liability providedby subsection 1 applies to any act or omission in rendering care or assistancewhich 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 apatient to whom he rendered care or assistance pursuant to subsection 1;
(b) A medical condition arises during the course of thefollow-up care that is directly related to the original traumatic injury forwhich care or assistance was rendered pursuant to subsection 1; and
(c) The patient files an action for malpractice basedon the medical condition that arises during the course of the follow-up care,
there is arebuttable presumption that the medical condition was the result of theoriginal traumatic injury and that the limitation on liability provided bysubsection 1 applies with respect to the medical condition that arises duringthe course of the follow-up care.
4. For the purposes of this section:
(a) Reckless, willful or wanton conduct, as itapplies to a person to whom subsection 1 applies, shall be deemed to be thatconduct which the person knew or should have known at the time he rendered thecare or assistance would be likely to result in injury so as to affect the lifeor health of another person, taking into consideration to the extentapplicable:
(1) The extent or serious nature of theprevailing circumstances;
(2) The lack of time or ability to obtainappropriate consultation;
(3) The lack of a prior medical relationshipwith the patient;
(4) The inability to obtain an appropriatemedical history of the patient; and
(5) The time constraints imposed by coexistingemergencies.
(b) Traumatic injury means any acute injury which,according to standardized criteria for triage in the field, involves asignificant risk of death or the precipitation of complications ordisabilities.
(Added to NRS by
NRS
1. Any physician or registered nurse who in good faithgives instruction or provides supervision to an emergency medical attendant orregistered nurse, at the scene of an emergency or while transporting an ill orinjured person from the scene of an emergency, is not liable for any civildamages as a result of any act or omission, not amounting to gross negligence,in giving that instruction or providing that supervision. An emergency medicalattendant, registered nurse or licensed practical nurse who obeys aninstruction given by a physician, registered nurse or licensed practical nurseand thereby renders emergency care, at the scene of an emergency or whiletransporting an ill or injured person from the scene of an emergency, is notliable for any civil damages as a result of any act or omission, not amountingto gross negligence, in rendering that emergency care.
2. Except as otherwise provided in subsection 3, anyperson licensed under the provisions of chapter630, 632 or 633of NRS and any person who holds an equivalent license issued by another state,who renders emergency care or assistance in an emergency, gratuitously and ingood faith, is not liable for any civil damages as a result of any act oromission, not amounting to gross negligence, by him in rendering the emergencycare or assistance or as a result of any failure to act, not amounting to grossnegligence, to provide or arrange for further medical treatment for the injuredor ill person. This section does not excuse a physician or nurse from liabilityfor damages resulting from his acts or omissions which occur in a licensedmedical facility relative to any person with whom there is a preexistingrelationship as a patient.
3. Any person licensed under the provisions of
(a) The care or assistance is rendered in good faithand in a manner not amounting to gross negligence or reckless, willful orwanton conduct;
(b) The person has not previously provided prenatal orobstetrical care to the woman; and
(c) The damages are reasonably related to or primarilycaused by a lack of prenatal care received by the woman.
A licensedmedical facility in which such care or assistance is rendered is not liable forany civil damages as a result of any act or omission by the person in renderingthat care or assistance if that person is not liable for any civil damagespursuant to this subsection and the actions of the medical facility relating tothe rendering of that care or assistance do not amount to gross negligence orreckless, willful or wanton conduct.
4. Any person licensed under the provisions of
(a) Is retired or otherwise does not practice on afull-time basis; and
(b) Gratuitously and in good faith, renders medicalcare within the scope of his license to an indigent person,
is notliable for any civil damages as a result of any act or omission by him, notamounting to gross negligence or reckless, willful or wanton conduct, inrendering that care.
5. Any person licensed to practice medicine under theprovisions of chapter 630 or
6. As used in this section:
(a) Emergency medical attendant means a personlicensed as an attendant or certified as an emergency medical technician,intermediate emergency medical technician or advanced emergency medicaltechnician pursuant to chapter 450B of NRS.
(b) Gratuitously has the meaning ascribed to it in
(Added to NRS by 1973, 610; A 1975, 37, 404, 405;1985, 1754; 1987, 2217; 1989, 21; 1995, 2641;
NRS
1. In a county whose population is less than 100,000,a volunteer emergency medical dispatcher is immune from civil liability fordamages sustained as a result of any act or omission by him in the use of amedical priority dispatch system, if:
(a) He has, in good faith, followed the protocols ofsuch a system to establish the priority of calls for medical help or to providepreliminary instructions to a person calling for such help;
(b) The protocols for the system have been approved bythe medical director of the local emergency medical service; and
(c) The act or omission of the dispatcher does notamount 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 healthfacility, which employs an emergency medical dispatcher is immune from civilliability for damages sustained as a result of any act or omission by theagency if:
(a) The agency uses a medical priority dispatch system;
(b) The agency maintains a quality assurance programfor that system; and
(c) The act or omission of the agency does not amountto gross negligence or willful misconduct.
3. As used in this section:
(a) Emergency medical dispatcher has the meaningascribed to it in NRS 450B.063.
(b) Health facility has the meaning ascribed to it inNRS 439A.015.
(Added to NRS by 1993, 2117)
LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSEREPORTS OF CRIMES OR EMERGENCIES
NRS
1. A public agency may commence an action in the nameof the agency to recover the expense of an emergency response by the publicagency against any person who knowingly:
(a) Makes a false report to a public agency that afelony or misdemeanor has been committed or that an emergency exists; or
(b) Creates the false appearance that a felony ormisdemeanor has been committed or that an emergency exists, and that falseappearance causes a false report to be made to a public agency that a felony ormisdemeanor has been committed or that an emergency exists.
2. A civil action may be brought pursuant to thissection even if there has been no criminal conviction for the false report.
3. If a public agency prevails in an action broughtpursuant to this section, the court may award the public agency the costs ofthe action and reasonable attorneys 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 makingan appropriate response to or investigation of a false report, including,without limitation, the salary or wages of any person responding to orinvestigating a false report, the deemed wages of any volunteer of a publicagency participating in the response or investigation, the costs for use oroperation of any equipment and the costs for the use or expenditure of anyresources, fuel or other materials.
(b) Public agency means an agency, bureau, board,commission, department or division of the State of Nevada or a politicalsubdivision of the State of Nevada that provides police, fire-fighting, rescueor emergency medical services.
(Added to NRS by
LIABILITY OF PERSON WHO PROVIDES FALSE INFORMATION RELATINGTO POSTADOPTIVE CONTACT AGREEMENT
NRS
1. A natural parent of an adopted child who hasentered into an agreement that provides for postadoptive contact pursuant to
(a) The person knowingly provided false information inresponse to a question asked by a court pursuant to
(b) The provision of false information caused the courtnot to incorporate the agreement that provides for postadoptive contact in theorder or decree of adoption pursuant to NRS127.188.
2. If a person is liable to a natural parent of anadopted child pursuant to subsection 1, the natural parent may recover hisactual damages, costs, reasonable attorneys fees and any punitive damages thatthe facts may warrant.
3. The liability imposed by this section is inaddition to any other liability imposed by law.
(Added to NRS by
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TOPERSONS USING PREMISES FOR RECREATIONAL PURPOSES
NRS
1. Except as otherwise provided in subsection 3, anowner of any estate or interest in any premises, or a lessee or an occupant ofany premises, owes no duty to keep the premises safe for entry or use by othersfor participating in any recreational activity, or to give warning of anyhazardous condition, activity or use of any structure on the premises topersons entering for those purposes.
2. Except as otherwise provided in subsection 3, if anowner, lessee or occupant of premises gives permission to another person toparticipate in recreational activities, upon his premises:
(a) He does not thereby extend any assurance that thepremises are safe for that purpose or assume responsibility for or incurliability for any injury to person or property caused by any act of persons towhom the permission is granted.
(b) That person does not thereby acquire any propertyrights in or rights of easement to the premises.
3. This section does not:
(a) Limit the liability which would otherwise existfor:
(1) Willful or malicious failure to guard, or towarn against, a dangerous condition, use, structure or activity.
(2) Injury suffered in any case where permissionto participate in recreational activities, was granted for a considerationother than the consideration, if any, paid to the landowner by the State or anysubdivision thereof. For the purposes of this subparagraph, the price paid fora game tag sold pursuant to NRS 502.145by an owner, lessee or manager of the premises shall not be deemedconsideration given for permission to hunt on the premises.
(3) Injury caused by acts of persons to whompermission to participate in recreational activities was granted, to otherpersons as to whom the person granting permission, or the owner, lessee oroccupant of the premises, owed a duty to keep the premises safe or to warn ofdanger.
(b) Create a duty of care or ground of liability forinjury to person or property.
4. As used in this section, recreational activityincludes, 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 para-gliding;
(e) Spelunking;
(f) Collecting rocks;
(g) Participation in winter sports, including riding asnowmobile, or water sports;
(h) Riding animals or in vehicles;
(i) Studying nature;
(j) Gleaning;
(k) Recreational gardening; and
(l) Crossing over to public land or land dedicated forpublic use.
(Added to NRS by 1963, 799; A 1971, 192; 1973, 898;1981, 157; 1991, 185, 2156; 1993, 1191; 1995, 54, 790)
ACTIONS BY SHAREHOLDERS AGAINST CORPORATIONS ANDASSOCIATIONS TO ENFORCE SECONDARY RIGHTS
NRS
1. As used in this section corporation includes anunincorporated association, and board of directors includes the managing bodyof an unincorporated association.
2. In an action brought to enforce a secondary righton the part of one or more shareholders in a corporation or association,incorporated or unincorporated, because the corporation or association refusesto enforce rights which may properly be asserted by it, the complaint must beverified by oath and must aver that the plaintiff was a shareholder at the timeof the transaction of which he complains or that his share thereafter devolvedon him by operation of law. The complaint must also set forth withparticularity the efforts of the plaintiff to secure from the board of directorsor trustees and, if necessary, from the shareholders such action as he desires,and the reasons for his failure to obtain such action or the reasons for notmaking such effort.
3. In any such action, at any time within 30 daysafter service of summons upon the corporation or any defendant who is anofficer or director of the corporation, or held such office at the time of theacts complained of, the corporation or such defendant may move the court for anorder, upon notice and hearing, requiring the plaintiff to furnish security ashereinafter provided. Such motion must be based upon one or more of thefollowing grounds:
(a) That there is no reasonable possibility that theprosecution of the cause of action alleged in the complaint against the movingparty will benefit the corporation or its security holders.
(b) That the moving party, if other than thecorporation, did not participate in the transaction complained of in anycapacity.
The court onapplication of the corporation or any defendant may, for good cause shown,extend the 30-day period for an additional period or periods not exceeding 60days.
4. At the hearing upon such motion, the court shallconsider such evidence, written or oral, by witnesses or affidavit, as may bematerial:
(a) To the ground or grounds upon which the motion isbased; or
(b) To a determination of the probable reasonableexpenses, including attorneys fees, of the corporation and the moving partywhich 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 themoving party has established a probability in support of any of the groundsupon which the motion is based, the court shall fix the nature and amount ofsecurity to be furnished by the plaintiff for reasonable expenses, includingattorneys fees, which may be incurred by the moving party and the corporationin connection with such action, including expenses which the corporation mayincur by reason of any obligation which it may have to indemnify its officersor directors pursuant to NRS 78.7502 orotherwise. A determination by the court that security either must or must notbe furnished or must be furnished as to one or more defendants and not as toothers shall not be deemed a determination of any one or more issues in theaction or of the merits thereof. The corporation and the moving party haverecourse to the security in such amount as the court determines upon thetermination of the action. The amount of the security may thereafter from timeto time be increased or decreased in the discretion of the court upon showingthat the security provided has or may become inadequate or is excessive. If thecourt, upon any such motion, makes a determination that security must befurnished by the plaintiff as to any one or more defendants, the action must bedismissed as to such defendant or defendants, unless the security required bythe court is furnished within such reasonable time as may be fixed by thecourt.
5. If any such motion is filed, no pleadings need befiled by the corporation or any other defendants, and the prosecution of theaction 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 CONTROLSFOR ENVIRONMENTAL PROTECTION
NRS
1. Any person who is a resident of this state maycommence an action in any district court of this state where any violation isalleged to have occurred, to enforce compliance with any statute, regulation orordinance for the protection of the air, water and other natural resources frompollution, impairment or destruction, if such person has first given 30 dayswritten notice of his intention to file suit.
2. Such action shall be brought against the person,firm, company, corporation, association, county, city or town causing suchpollution, impairment or destruction. The State or political subdivisionthereof responsible for enforcing such statute, regulation or ordinance shallbe named as a necessary party to the action.
(Added to NRS by 1971, 861)
NRS
(Added to NRS by 1971, 861)
NRS
(Added to NRS by 1971, 861)
NRS
(Added to NRS by 1971, 861)
LIABILITY OF RECEIVER OF STOLEN PROPERTY
NRS
(Added to NRS by 1973, 1050; A 1997, 346)
LENDERS LIABILITY
NRS
(Added to NRS by 1973, 1189)
FRAUD UPON PURCHASERS; MISREPRESENTATION
NRS
1. An action may be brought by any person who is avictim of consumer fraud.
2. As used in this section, consumer fraud means:
(a) An unlawful act as defined in
(b) An unlawful act as defined in
(c) An act prohibited by
(d) An act prohibited by
(e) A deceptive trade practice as defined in
3. If the claimant is the prevailing party, the courtshall award him:
(a) Any damages that he has sustained; and
(b) His costs in the action and reasonable attorneysfees.
4. Any action brought pursuant to this section is notan 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)
NRS
(Added to NRS by 1977, 1645; A 1983, 111)
NEGOTIABLE INSTRUMENTS
NRS
1. Except as otherwise provided in
(a) Makes, utters, draws or delivers a check or draftfor the payment of money drawn upon any financial institution or other person,when he has no account with the drawee of the instrument or has insufficientmoney, 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 he knows or should haveknown the credit card or debit card is no longer valid,
and whofails to pay the amount in cash to the payee, issuer or other creditor within30 days after a demand therefor in writing is mailed to him 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 thecheck, draft or extension of credit, but not less than $100 nor more than $500.
2. As used in this section, unless the contextotherwise requires:
(a) Credit card has the meaning ascribed to it in
(b) Debit card has the meaning ascribed to it in
(c) Issuer has the meaning ascribed to it in
(Added to NRS by 1985, 1021; A 1987, 134, 1191;
LIABILITY OF PERSONS WHO OFFICIATE SPORTING EVENTS
NRS
1. A sports official who officiates a sporting eventat any level of competition in this State is not liable for any civil damagesas a result of any unintended act or omission, not amounting to grossnegligence, by him in the execution of his officiating duties within thefacility in which the sporting event takes place.
2. As used in this section:
(a) Inspector means an inspector of the Nevada AthleticCommission.
(b) Sporting event means any contest, game or otherevent involving the athletic or physical skills of amateur or professionalathletes.
(c) Sports official means any person who serves as areferee, umpire, linesman, timekeeper, inspector, judge or in a similarcapacity, whether paid or unpaid.
(Added to NRS by 1989, 677; A
LIABILITY OF PERSON WHO ENGAGES IN RIGHT TO PETITION
NRS
(Added to NRS by 1997, 1364; A 1997, 2593)
NRS
1. Communication that is aimed at procuring anygovernmental or electoral action, result or outcome;
2. Communication of information or a complaint to aLegislator, officer or employee of the Federal Government, this state or apolitical subdivision of this state, regarding a matter reasonably of concernto the respective governmental entity; or
3. Written or oral statement made in direct connectionwith an issue under consideration by a legislative, executive or judicial body,or any other official proceeding authorized by law,
which istruthful or is made without knowledge of its falsehood.
(Added to NRS by 1997, 1364; A 1997, 2593)
NRS
(Added to NRS by 1993, 2848; A 1997, 1365, 2593)
NRS
(Added to NRS by 1993, 2848; A 1997, 1365, 2593)
NRS
1. If an action is brought against a person based upona good faith communication in furtherance of the right to petition:
(a) The person against whom the action is brought mayfile a special motion to dismiss; and
(b) The Attorney General or the chief legalofficer or attorney of a political subdivision of this State maydefend or otherwise support the person against whom the action isbrought. If the Attorney General or the chief legal officer or attorneyof a political subdivision has a conflict of interest in, or is otherwisedisqualified from, defending or otherwise supporting the person, the AttorneyGeneral or the chief legal officer or attorney of a political subdivision mayemploy special counsel to defend or otherwise support the person.
2. A special motion to dismiss must be filed within 60days after service of the complaint, which period may be extended by the courtfor good cause shown.
3. If a special motion to dismiss is filed pursuant tosubsection 2, the court shall:
(a) Treat the motion as a motion for summary judgment;
(b) Stay discovery pending:
(1) A ruling by the court on the motion; and
(2) The disposition of any appeal from theruling on the motion; and
(c) Rule on the motion within 30 days after the motionis filed.
4. If the court dismisses the action pursuant to aspecial motion to dismiss filed pursuant to subsection 2, the dismissaloperates as an adjudication upon the merits.
(Added to NRS by 1993, 2848; A 1997, 1365, 2593)
NRS
1. The court shall award reasonable costs andattorneys fees to the person against whom the action was brought, except thatthe court shall award reasonable costs and attorneys fees to this Stateor to the appropriate political subdivision of this State if the AttorneyGeneral, the chief legal officer or attorney of the political subdivision orspecial counsel provided the defense for the person pursuant to
2. The person against whom the action is brought maybring a separate action to recover:
(a) Compensatory damages;
(b) Punitive damages; and
(c) Attorneys fees and costs of bringing the separateaction.
(Added to NRS by 1993, 2848; A 1997, 1366, 2593)
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONSMOTIVATED BY CHARACTERISTICS OF VICTIM
NRS
1. A person who has suffered injury as the proximateresult of the willful violation of the provisions of
2. The liability imposed by this section is inaddition to any other liability imposed by law.
(Added to NRS by 1995, 2706; A
LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAILTHAT INCLUDE ADVERTISEMENTS
NRS
(Added to NRS by 1997, 1255)
NRS
1. Advertises for commercial purposes the availabilityor the quality of real property, goods or services; or
2. Is otherwise designed or intended to solicit aperson to purchase real property, goods or services.
(Added to NRS by 1997, 1256)
NRS
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 isdesigned or intended to filter or screen items of electronic mail.
(Added to NRS by 1997, 1256)
NRS
(Added to NRS by 1997, 1256)
NRS
(Added to NRS by 1997, 1256)
1. Except as otherwise provided in
(a) The person has a preexisting business or personalrelationship with the recipient;
(b) The recipient has expressly consented to receivethe item of electronic mail from the person; or
(c) The advertisement is readily identifiable aspromotional, or contains a statement providing that it is an advertisement, andclearly and conspicuously provides:
(1) The legal name, complete street address andelectronic mail address of the person transmitting the electronic mail;
(2) A notice that the recipient may decline toreceive additional electronic mail that includes an advertisement from theperson transmitting the electronic mail and the procedures for declining suchelectronic mail; and
(3) Theabbreviation ADV or the word advertisement as the first word of the subjectline of the electronic mail.
2. Unless a greater amount of damages is providedpursuant to subsection 3, if a person is liable to a recipient pursuant tosubsection 1, the recipient may recover from the person:
(a) Actual damages or damages of $50 per item ofelectronic mail received, whichever is greater; and
(b) Attorneys fees and costs.
3. If a personis liable to a recipient pursuant to subsection 1 and the person:
(a) Disguisedthe source of the advertisement;
(b) Used falseor misleading information in the subject line of the electronic mail;
(c) Provided afalse return address;
(d) Ignoredrequests made by the recipient to decline receiving additional electronic mail;
(e) Provided afalse address for declining additional electronic mail from the person; or
(f) Obtained the electronic mail address of therecipient through a method that was not authorized by the recipient,
therecipient may recover actual damages or damages of $500 per item of electronicmail received, whichever is greater, and attorneys fees and costs.
4. In addition to any other recovery that is allowedpursuant to subsection 2 or 3, the recipient may apply to the district court ofthe county in which the recipient resides for an order enjoining the personfrom transmitting to the recipient any other item of electronic mail thatincludes an advertisement.
(Added to NRS by 1997, 1256; A
1. If a person provides users with access toa network and, as part of that service, transmits items of electronic mail onbehalf of those users, the person is immune from liability for civil damagespursuant to NRS 41.705 to
2. The provisions of
(Added to NRS by 1997, 1256)
LIABILITY OF EMPLOYERS FOR CERTAIN ACTS
NRS
1. An employer is not liable for harm or injury causedby 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 taskassigned to the employee; and
(c) Was not reasonably foreseeable under the facts andcircumstances of the case considering the nature and scope of his employment.
For thepurposes of this subsection, conduct of an employee is reasonably foreseeableif a person of ordinary intelligence and prudence could have reasonably anticipatedthe conduct and the probability of injury.
2. Nothing in this section imposes strict liability onan employer for any unforeseeable intentional act of his employee.
3. For the purposes of this section:
(a) Employee means any person who is employed by anemployer, including, without limitation, any present or former officer oremployee, immune contractor, an employee of a university school for profoundlygifted pupils described in Chapter 392A ofNRS or a member of a board or commission or Legislator in this State.
(b) Employer means any public or private employer inthis State, including, without limitation, the State of Nevada, a universityschool for profoundly gifted pupils described in Chapter392A of NRS, any agency of this State and any political subdivision of theState.
(c) Immune contractor has the meaning ascribed to itin subsection 3 of NRS 41.0307.
(d) Officer has the meaning ascribed to it insubsection 4 of NRS 41.0307.
(Added to NRS by 1997, 1357; A
NRS
1. Pays money directly to an employee for use by theemployee to pay all or a portion of the cost of child care and the employeeselects the child care facility independent of and without any input from theemployer;
2. Provides to an employee one or more vouchers foruse by the employee to pay all or a portion of the cost of child care at achild care facility licensed and in good standing pursuant to
3. Directs or refers an employee to a child carefacility licensed and in good standing pursuant to
4. Negotiates a discount or other benefit for anemployee at a child care facility licensed and in good standing pursuant to
the employeris immune from civil liability for damages arising from or relating to thechild care provided to the children of the employee if the damages are causedby an act or omission that constitutes simple negligence.
(Added to NRS by 1997, 3321)
1. Except as otherwise provided insubsection 3, an employer who, at the request of an employee, disclosesinformation regarding:
(a) The ability of the employee to performhis job;
(b) The diligence, skill or reliability withwhich the employee carried out the duties of his job; or
(c) An illegal or wrongful act committed bythe employee,
to aprospective employer of that employee is immune from civil liability for suchdisclosure and its consequences.
2. Except as otherwise provided insubsection 3, an employer who discloses information regarding an employee to alaw enforcement agency pursuant to NRS239B.020 is immune from civil liability for such disclosure and its consequences.
3. An employer is not immune from civilliability for a disclosure made pursuant to subsection 1 or
(a) Acted with malice or ill will;
(b) Disclosed information that he believedwas inaccurate;
(c) Disclosed information which he had noreasonable grounds for believing was accurate;
(d) Recklessly or intentionally disclosedinaccurate information;
(e) Deliberately disclosed misleadinginformation; or
(f) Disclosed information in violation of astate or federal law or in violation of an agreement with the employee.
4. As used in this section:
(a) Employee means a person who currentlyrenders or previously rendered time and services to an employer.
(b) Employer includes an employee or agentof an employer who is authorized by the employer to disclose informationregarding an employee.
(Added to NRS by 1997, 1235; A
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