Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS |
CHAPTER41. Actions and Proceedings in Particular Cases Concerning Persons |
CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS |
NRS 41.010. Commencement of action; service of summons upon State Controller. |
NRS 41.020. Attorney General to defend; appeals. |
NRS 41.030. State Controller to draw warrant upon final judgment. |
LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES AND POLITICAL SUBDIVISIONS |
General Provisions |
NRS 41.0305. “Political subdivision” defined. |
NRS 41.0307. “Employee,” “employment,” “immune contractor,” “public officer” and “officer” defined. |
NRS 41.0308. Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training. |
NRS 41.0309. Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State. |
Waiver of Sovereign Immunity |
NRS 41.031. Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment. |
Conditions and Limitations on Actions |
NRS 41.032. Acts or omissions of officers, employees and immune contractors. |
NRS 41.0322. Actions by persons in custody of Department of Corrections to recover compensation for loss or injury. |
NRS 41.0325. Negligence or willful misconduct of minor driver in legal custody of State. |
NRS 41.0327. Injuries arising from acts incident to certain solicitations of charitable contributions. |
NRS 41.033. Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters. |
NRS 41.0331. Construction of fence or other safeguard around dangerous condition at abandoned mine. |
NRS 41.0332. Acts or omissions of volunteer school crossing guards. |
NRS 41.0333. Acts or omissions of members or employees of Nevada National Guard. |
NRS 41.0334. Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions. |
NRS 41.0335. Actions against certain officers and employees of political subdivisions for acts or omissions of other persons. |
NRS 41.0336. Acts or omissions of firefighters or law enforcement officers. |
NRS 41.03365. Actions concerning equipment or personal property donated in good faith to volunteer fire department. |
NRS 41.0337. State or political subdivision to be named party defendant. |
Legal Representation |
NRS 41.03375. Definitions. |
NRS 41.03377. “Local judicial officer” defined. |
NRS 41.0338. “Official attorney” defined. |
NRS 41.03385. “State judicial officer” defined. |
NRS 41.0339. Circumstances under which official attorney to provide defense or employ special counsel. |
NRS 41.0341. Time for filing responsive pleading. |
NRS 41.03415. Determination by official attorney whether or not to tender defense. |
NRS 41.0342. Arrangements and circumstances of defense not admissible in evidence. |
NRS 41.0343. Waiver of attorney-client privilege may not be required. |
NRS 41.03435. Employment of special counsel by Attorney General. |
NRS 41.0344. Employment of special counsel by chief legal officer or attorney of political subdivision. |
NRS 41.0345. Defense may be tendered to insurer authorized to defend action. |
NRS 41.03455. Defendant may employ own counsel. |
NRS 41.0346. Withdrawal of official attorney as attorney of record. |
NRS 41.0347. Liability of State or political subdivision for failure to provide defense. |
NRS 41.03473. Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law. |
Verdict, Judgment, Damages and Indemnification |
NRS 41.03475. No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception. |
NRS 41.0348. Special verdict required. |
NRS 41.0349. Indemnification of present or former public officer, employee, immune contractor or State Legislator. |
NRS 41.035. Limitation on award for damages in tort actions. |
Miscellaneous Provisions |
NRS 41.037. Administrative settlement of claims or actions. |
NRS 41.0375. Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances. |
NRS 41.038. Insurance of officers, employees and immune contractors of State or local government against liability. |
NRS 41.039. Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer. |
ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION WITH CONFISCATION OF FIREARM |
APPOINTMENT OF ELISORS |
NRS 41.040. Appointment and bond of elisor. |
NRS 41.050. Execution of process by elisor. |
NRS 41.060. Arrest and confinement of sheriff in a civil action. |
NRS 41.070. Powers, duties and fees of elisors. |
GOVERNMENTAL PRIVILEGES, IMMUNITIES AND LIMITATIONS ON LIABILITY |
NRS 41.071. Legislative privilege and immunity for State Legislators. |
NRS 41.075. Limitations on liability of Committee on Local Government Finance. |
ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT |
NRS 41.085. Heirs and personal representatives may maintain action. |
LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER IN RESIDENCE |
NRS 41.095. Presumption that person using deadly force against intruder in person’s residence has reasonable fear of death or bodily injury; “residence” defined. |
SURVIVAL OF CAUSES OF ACTION |
NRS 41.100. Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation. |
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT |
NRS 41.130. Liability for personal injury. |
NRS 41.131. Limitation on basis of liability of manufacturers and distributors of firearms and ammunition. |
NRS 41.1315. Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way. |
NRS 41.133. Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. |
NRS 41.134. Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person. |
NRS 41.135. Limitation on liability of victims of certain crimes for injury or damage sustained by offender. |
NRS 41.1393. Discharge of duty to warn trespasser against dangerous condition. |
NRS 41.1395. Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs. |
NRS 41.1397. Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus. |
NRS 41.1398. Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault. |
NRS 41.1399. Action by victim of human trafficking; venue; damages and other relief; attorney’s fees and costs; statute of limitations; joinder of parties; limitation on defenses. |
COMPARATIVE NEGLIGENCE |
NRS 41.141. When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants. |
PROCEDURE FOR EVIDENCING DOMICILE |
NRS 41.191. Declaration of domicile in Nevada. |
NRS 41.193. Declaration of domicile in other state. |
NRS 41.195. Signing and recording of declaration; fee. |
NRS 41.197. Other methods of proving domicile not repealed or abrogated. |
PROCEDURE FOR COMPROMISING CLAIMS OF MINORS |
PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO VITAL STATISTICS |
NRS 41.209. Applicability. |
NRS 41.210. District courts empowered to establish date and place of birth and parentage. |
NRS 41.220. Procedure; examination of records by State Registrar of Vital Statistics. |
NRS 41.230. Hearing. |
NRS 41.240. Court order establishing facts as presented to court. |
NRS 41.250. Recording of decree. |
NRS 41.260. No fees to be charged by clerk. |
PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS |
NRS 41.270. Verified petition. |
NRS 41.280. When publication of notice is required. |
NRS 41.290. Order of court; hearing on objections; disposition and rescission of order. |
PROCEEDINGS FOR JUDICIAL DECLARATION OF SANITY |
NRS 41.300. Insane persons; presumption of legal capacity on discharge. |
NRS 41.310. Adjudication of sanity. |
NRS 41.320. Petition seeking restoration of status as sane; notice. |
NRS 41.325. Notice of adjudication of sanity to be given to Administrative Officer and Medical Director of Northern Nevada Adult Mental Health Services. |
NRS 41.330. Conduct of proceedings by county officers; no fees to be charged. |
LIBEL IN NEWSPAPER; SLANDER BY RADIO OR TELEVISION BROADCAST |
NRS 41.331. Definitions. |
NRS 41.332. “Actual malice” defined. |
NRS 41.333. “Exemplary damages” defined. |
NRS 41.334. “General damages” defined. |
NRS 41.335. “Special damages” defined. |
NRS 41.336. Special damages; notice and demand for correction. |
NRS 41.337. General, special and exemplary damages. |
NRS 41.338. Correction before demand. |
LIABILITY FOR DEFAMATORY STATEMENTS PUBLISHED OR UTTERED OVER BROADCASTING STATIONS |
NRS 41.340. Liability of owners or operators of broadcasting stations for defamation published by another; exercise of due care. |
NRS 41.350. Liability of owner or operator originating broadcast. |
NRS 41.360. Liability when broadcast cannot be censored. |
LIABILITY OF PERSONS CONVICTED OF PERJURY OR SUBORNATION OF PERJURY |
NRS 41.365. Action for damages. |
ABOLISHMENT OF CERTAIN CAUSES OF ACTION |
NRS 41.370. Public policy against causes of action for breach of promise, alienation of affections and criminal conversation. |
NRS 41.380. Causes of action abolished. |
NRS 41.390. Time for commencing accrued causes of action for criminal conversation. |
NRS 41.400. Act or contract gives no right of action. |
NRS 41.410. Unlawful to file actions after July 1, 1979. |
NRS 41.420. Penalty. |
JURISDICTION OVER PROCEEDINGS IN WHICH INDIANS ARE PARTIES |
NRS 41.430. Conditions for jurisdiction of State of Nevada. |
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATION BY IMMEDIATE MEMBER OF FAMILY |
NRS 41.440. Imposition of liability. |
NRS 41.450. Operator to be made party defendant; recourse on recovery of judgment. |
NRS 41.460. When debtor in possession or long-term lessee deemed owner of motor vehicle. |
LIABILITY OF PARENTS AND GUARDIANS FOR MINOR’S ACT OF NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN DAMAGE |
NRS 41.470. Imposition of liability for minor’s willful misconduct. |
NRS 41.472. Imposition of liability for minor’s negligence or willful misconduct regarding firearm. |
LIABILITY OF NONPROFIT CORPORATIONS, ASSOCIATIONS, ORGANIZATIONS OR TRUSTS FOR THEIR ACTS OR ACTS OF AGENTS, EMPLOYEES OR SERVANTS |
NRS 41.480. Imposition of liability; conditions and limitations on actions based on acts and omissions of officers or directors. |
NRS 41.485. Conditions and limitations on actions: Acts and omissions of volunteers of charitable organizations. |
LIABILITY OF PERSONS IN CONNECTION WITH FOOD DISTRIBUTED WITHOUT CHARGE |
NRS 41.491. Limitations on liability. |
LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE OR GRATUITOUS CARE |
NRS 41.503. Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care. |
NRS 41.505. Physicians, physician assistants, nurses and dentists. |
NRS 41.506. Physicians, physician assistants and nurses who render certain emergency obstetrical care; licensed medical facilities in which certain emergency obstetrical care is rendered. |
NRS 41.507. Volunteer emergency medical dispatchers and volunteer medical directors of agencies which employ emergency medical dispatchers. |
LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSE REPORTS OF CRIMES OR EMERGENCIES |
NRS 41.508. Civil action brought by public agency; award of costs and attorney’s fees. |
LIABILITY OF PERSONS WHO PROVIDE FALSE INFORMATION RELATING TO POSTADOPTIVE CONTACT AGREEMENT |
NRS 41.509. Action brought by natural parent; recovery; liability not exclusive. |
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TO PERSONS USING PREMISES FOR RECREATIONAL PURPOSES |
NRS 41.510. Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists. |
ACTIONS BY SHAREHOLDERS AGAINST CORPORATIONS AND ASSOCIATIONS TO ENFORCE SECONDARY RIGHTS |
NRS 41.520. Contents and verification of complaint; motion to require plaintiff to furnish security; order; recourse of corporation or association to security. |
PRIVATE ACTIONS TO ENFORCE STATUTORY OR REGULATORY CONTROLS FOR ENVIRONMENTAL PROTECTION |
NRS 41.540. Action may be brought against person causing pollution, impairment or destruction of air, water or other natural resources. |
NRS 41.550. Security for and apportionment of costs. |
NRS 41.560. Relief which may be granted. |
NRS 41.570. Provisions supplementary to existing administrative or regulatory provisions. |
LIABILITY OF RECEIVER OF STOLEN PROPERTY |
NRS 41.580. Action by owner of property; treble damages. |
LENDERS’ LIABILITY |
NRS 41.590. Lender not liable for defects in property acquired with borrowed money. |
FRAUD UPON PURCHASERS; MISREPRESENTATION |
NRS 41.600. Actions by victims of fraud. |
NRS 41.610. Actions against seller or manufacturer of unapproved drug for misrepresentation of its therapeutic effect. |
LIABILITY REGARDING NEGOTIABLE INSTRUMENTS AND CREDIT AND DEBIT CARDS |
NRS 41.620. Liability for issuance on nonexistent account or drawing on insufficient money; liability for use of invalid credit or debit card. |
LIABILITY OF PERSONS WHO OFFICIATE SPORTING EVENTS |
NRS 41.630. Limitations of liability. |
LIABILITY OF PERSONS WHO ENGAGE IN RIGHT TO PETITION OR FREE SPEECH IN DIRECT CONNECTION WITH AN ISSUE OF PUBLIC CONCERN |
NRS 41.635. Definitions. |
NRS 41.637. “Good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern” defined. |
NRS 41.640. “Political subdivision” defined. |
NRS 41.650. Limitation of liability. |
LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS MOTIVATED BY CHARACTERISTICS OF VICTIM |
NRS 41.690. Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim. |
LIABILITY OF PERSONS WHO FURNISH OR ALLOW USE OF CONTROLLED SUBSTANCE |
NRS 41.700. Liability for damages caused by use of controlled substance; damages; attorney’s fees and costs. |
LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL THAT INCLUDE ADVERTISEMENTS |
NRS 41.705. Definitions. |
NRS 41.710. “Advertisement” defined. |
NRS 41.715. “Electronic mail” defined. |
NRS 41.720. “Network” defined. |
NRS 41.725. “Recipient” defined. |
NRS 41.730. Action for damages; exceptions; injunctive relief. |
NRS 41.735. Immunity for persons who provide users with access to network; applicability to items of electronic mail obtained voluntarily. |
LIABILITY OF PERSONS WHO KILL OR INJURE PET OF ANOTHER PERSON |
NRS 41.740. Damages for which person who kills or injures pet of another person is liable; punitive and noneconomic damages may not be awarded; limitation on amount of damages; exceptions. |
LIABILITY OF EMPLOYERS FOR CERTAIN ACTS |
NRS 41.745. Liability of employer for intentional conduct of employee; limitations. |
NRS 41.750. Limitations on liability of employer for damages arising from or relating to child care provided to children of employee. |
NRS 41.755. Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions. |
Note
NOTE: Section 5 of chapter 538, Statutes of Nevada 2013, at p. 3504, has been codified as NRS 701.680.