[Rev. 12/21/2019 10:11:04 AM--2019]

CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS

CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS

NRS 41.010 Commencement of action; service of summons upon State Controller.

NRS 41.020 Attorney General to defend; appeals.

NRS 41.030 State Controller to draw warrant upon final judgment.

LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES AND POLITICAL SUBDIVISIONS

General Provisions

NRS 41.0305 “Political subdivision” defined.

NRS 41.0307 “Employee,” “employment,” “immune contractor,” “public officer” and “officer” defined.

NRS 41.0308 Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training.

NRS 41.0309 Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State.

Waiver of Sovereign Immunity

NRS 41.031 Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment.

Conditions and Limitations on Actions

NRS 41.032 Acts or omissions of officers, employees and immune contractors.

NRS 41.0322 Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.

NRS 41.0325 Negligence or willful misconduct of minor driver in legal custody of State.

NRS 41.0327 Injuries arising from acts incident to certain solicitations of charitable contributions.

NRS 41.033 Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters.

NRS 41.0331 Construction of fence or other safeguard around dangerous condition at abandoned mine.

NRS 41.0332 Acts or omissions of volunteer school crossing guards.

NRS 41.0333 Acts or omissions of members or employees of Nevada National Guard.

NRS 41.0334 Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions.

NRS 41.0335 Actions against certain officers and employees of political subdivisions for acts or omissions of other persons.

NRS 41.0336 Acts or omissions of firefighters or law enforcement officers.

NRS 41.03365 Actions concerning equipment or personal property donated in good faith to volunteer fire department.

NRS 41.0337 State or political subdivision to be named party defendant.

Legal Representation

NRS 41.03375 Definitions.

NRS 41.03377 “Local judicial officer” defined.

NRS 41.0338 “Official attorney” defined.

NRS 41.03385 “State judicial officer” defined.

NRS 41.0339 Circumstances under which official attorney to provide defense or employ special counsel.

NRS 41.0341 Time for filing responsive pleading.

NRS 41.03415 Determination by official attorney whether or not to tender defense.

NRS 41.0342 Arrangements and circumstances of defense not admissible in evidence.

NRS 41.0343 Waiver of attorney-client privilege may not be required.

NRS 41.03435 Employment of special counsel by Attorney General.

NRS 41.0344 Employment of special counsel by chief legal officer or attorney of political subdivision.

NRS 41.0345 Defense may be tendered to insurer authorized to defend action.

NRS 41.03455 Defendant may employ own counsel.

NRS 41.0346 Withdrawal of official attorney as attorney of record.

NRS 41.0347 Liability of State or political subdivision for failure to provide defense.

NRS 41.03473 Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law.

Verdict, Judgment, Damages and Indemnification

NRS 41.03475 No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception.

NRS 41.0348 Special verdict required.

NRS 41.0349 Indemnification of present or former public officer, employee, immune contractor or State Legislator.

NRS 41.035 Limitation on award for damages in tort actions. [Effective through June 30, 2020.]

NRS 41.035 Limitation on award for damages in tort actions. [Effective July 1, 2020 through June 30, 2022.]

NRS 41.035 Limitation on award for damages in tort actions. [Effective July 1, 2022.]

Miscellaneous Provisions

NRS 41.036 Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners.

NRS 41.037 Administrative settlement of claims or actions.

NRS 41.0375 Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances.

NRS 41.038 Insurance of officers, employees and immune contractors of State or local government against liability.

NRS 41.0385 Claims made against state agencies and local governments for tortious conduct: Annual filing of summary of claims with Secretary of State or clerk of local government; summaries of claims are public records.

NRS 41.039 Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer.

AWARD OF ATTORNEY’S FEES AND LITIGATION EXPENSES IN CRIMINAL ACTION IF POSITION OF STATE WAS VEXATIOUS, FRIVOLOUS OR IN BAD FAITH

NRS 41.0393 Grounds for award; application; eligibility; receipt of evidence and testimony; payment of award; payment of interest following unsuccessful appeal; definitions.

ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION WITH CONFISCATION OF FIREARM

NRS 41.0395 Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

APPOINTMENT OF ELISORS

NRS 41.040 Appointment and bond of elisor.

NRS 41.050 Execution of process by elisor.

NRS 41.060 Arrest and confinement of sheriff in a civil action.

NRS 41.070 Powers, duties and fees of elisors.

GOVERNMENTAL PRIVILEGES, IMMUNITIES AND LIMITATIONS ON LIABILITY

NRS 41.071 Legislative privilege and immunity for State Legislators.

NRS 41.075 Limitations on liability of Committee on Local Government Finance.

ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT

NRS 41.085 Heirs and personal representatives may maintain action.

LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER IN RESIDENCE, TRANSIENT LODGING OR MOTOR VEHICLE

NRS 41.095 Presumption that person using deadly force against intruder in person’s residence, transient lodging or motor vehicle has reasonable fear of death or bodily injury; person who uses deadly force is immune from civil liability under certain circumstances; definitions.

SURVIVAL OF CAUSES OF ACTION

NRS 41.100 Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation.

ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT

NRS 41.130 Liability for personal injury.

NRS 41.1305 Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney’s fees and costs.

NRS 41.131 Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.

NRS 41.1315 Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way.

NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.

NRS 41.134 Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person.

NRS 41.1345 Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information; award of costs and attorney’s fees to injured person; punitive damages; limitation on time for commencement of action.

NRS 41.135 Limitation on liability of victims of certain crimes for injury or damage sustained by offender.

NRS 41.138 Action for unwelcome or nonconsensual sexual conduct; rebuttable presumption that sexual conduct was unwelcome or nonconsensual if alleged perpetrator was person in position of authority over alleged victim.

NRS 41.139 Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property; employer not liable.

NRS 41.1391 Standard of care and duty of certain first responders not affected by training relating to developmental disabilities.

NRS 41.1393 Discharge of duty to warn trespasser against dangerous condition.

NRS 41.1395 Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.

NRS 41.1396 Action for damages for injury suffered by victim of pornography involving minors; presumed statutory damages; attorney’s fees and costs; protection of victim’s identity; limitation on defenses.

NRS 41.1397 Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus.

NRS 41.1398 Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault.

NRS 41.1399 Action by victim of human trafficking; venue; damages and other relief; attorney’s fees and costs; statute of limitations; joinder of parties; limitation on defenses.

COMPARATIVE NEGLIGENCE

NRS 41.141 When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.

PROCEDURE FOR EVIDENCING DOMICILE

NRS 41.191 Declaration of domicile in Nevada.

NRS 41.193 Declaration of domicile in other state.

NRS 41.195 Signing and recording of declaration; fee.

NRS 41.197 Other methods of proving domicile not repealed or abrogated.

PROCEDURE FOR COMPROMISING CLAIMS OF MINORS

NRS 41.200 Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise; no fees to be charged in proceedings.

PROCEEDINGS TO DETERMINE AND ESTABLISH FACTS RELATIVE TO VITAL STATISTICS

NRS 41.209 Applicability.

NRS 41.210 District courts empowered to establish date and place of birth and parentage.

NRS 41.220 Procedure; examination of records by State Registrar of Vital Statistics.

NRS 41.230 Hearing.

NRS 41.240 Court order establishing facts as presented to court.

NRS 41.250 Recording of decree.

NRS 41.260 No fees to be charged by clerk of the court.

PROCEEDINGS TO CHANGE NAMES OF NATURAL PERSONS

Persons Other Than Unemancipated Minors

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.

Unemancipated Minors Not in Legal Custody of Agency Which Provides Child Welfare Services

NRS 41.291 Definitions.

NRS 41.293 “Other parent” defined.

NRS 41.294 “Petitioning parent” defined.

NRS 41.295 Verified petition.

NRS 41.296 When notice to nonpetitioning parent is required.

NRS 41.297 Order of court; hearing on objections; disposition of order.

NRS 41.298 Petitions filed under other provisions of law.

NRS 41.299 Provisions do not apply to unemancipated minor in legal custody of agency which provides child welfare services.

Unemancipated Minors in Legal Custody of Agency Which Provides Child Welfare Services

NRS 41.2991 “Agency which provides child welfare services” defined.

NRS 41.2993 Verified petition.

NRS 41.2995 When notice to parent is required.

NRS 41.2997 Order of court; hearing on objection; disposition of order; factors to be considered by court in determining best interest of unemancipated minor and making specific findings.

NRS 41.2999 Petitions filed under other provisions of law.

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 BOARD OF TRUSTEES OF SCHOOL DISTRICT OR GOVERNING BODY OF CHARTER SCHOOL IN CONNECTION WITH SCHOOL-BASED HEALTH CENTER

NRS 41.495 Limitations on liability.

LIABILITY OF PERSONS WHO RENDER EMERGENCY CARE OR GRATUITOUS CARE

NRS 41.500 General rule; volunteers; members of search and rescue organization; persons rendering cardiopulmonary resuscitation or using defibrillator; presumptions relating to emergency care rendered on public school grounds or in connection with public school activities; business or organization that has defibrillator for use on premises.

NRS 41.503 Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care.

NRS 41.504 Physicians, physician assistants and registered nurses who give instruction or provide supervision to emergency medical attendant during emergency; emergency medical attendants, physician assistants and nurses who obey instruction given by physician, physician assistant or nurse during emergency.

NRS 41.505 Physicians, physician assistants, nurses and dentists.

NRS 41.506 Physicians, physician assistants and nurses who render certain emergency obstetrical care; licensed medical facilities in which certain emergency obstetrical care is rendered.

NRS 41.507 Volunteer emergency medical dispatchers and volunteer medical directors of agencies which employ emergency medical dispatchers.

LIABILITY OF PERSONS WHO MAKE OR CAUSE TO BE MADE FALSE REPORTS OF CRIMES OR EMERGENCIES

NRS 41.508 Civil action brought by public agency; award of costs and attorney’s fees.

LIABILITY OF PERSONS WHO PROVIDE FALSE INFORMATION RELATING TO POSTADOPTIVE CONTACT AGREEMENT

NRS 41.509 Action brought by natural parent; recovery; liability not exclusive.

LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TO PERSONS USING PREMISES FOR RECREATIONAL PURPOSES

NRS 41.510 Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.

LIABILITY OF OWNER, LESSEE OR OCCUPANT OF PREMISES TO TRESPASSERS

NRS 41.515 Limitations on liability; exceptions; “trespasser” defined.

LIABILITY OF PERSONS IN CONNECTION WITH PUBLIC ART

NRS 41.517 Limitations on liability; exception; “public art” defined.

LIABILITY OF PERSONS IN CONNECTION WITH EQUINE ACTIVITIES

NRS 41.519 Limitations on liability; duties of a participant in an equine activity; exceptions; definitions.

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 on liability.

LIABILITY OF PERSONS WHO ENGAGE IN RIGHT TO PETITION OR FREE SPEECH IN DIRECT CONNECTION WITH AN ISSUE OF PUBLIC CONCERN

NRS 41.635 Definitions.

NRS 41.637 “Good faith communication in furtherance of the right to petition or the right to free speech in direct connection with an issue of public concern” defined.

NRS 41.640 “Political subdivision” defined.

NRS 41.650 Limitation of liability.

NRS 41.660 Attorney General or chief legal officer of political subdivision may defend or provide support to person sued for engaging in right to petition or free speech in direct connection with an issue of public concern; special counsel; filing special motion to dismiss; stay of discovery; adjudication upon merits.

NRS 41.665 Legislative findings and declaration regarding plaintiff’s burden of proof under NRS 41.660.

NRS 41.670 Award of reasonable costs, attorney’s fees and monetary relief under certain circumstances; separate action for damages; sanctions for frivolous or vexatious special motion to dismiss; interlocutory appeal.

LIABILITY OF PERSONS WHO COMMIT CRIMINAL VIOLATIONS MOTIVATED BY CHARACTERISTICS OF VICTIM

NRS 41.690 Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim.

LIABILITY OF PERSONS WHO FURNISH OR ALLOW USE OF CONTROLLED SUBSTANCE

NRS 41.700 Liability for damages caused by use of controlled substance; damages; attorney’s fees and costs.

LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL THAT INCLUDE ADVERTISEMENTS

NRS 41.705 Definitions.

NRS 41.710 “Advertisement” defined.

NRS 41.715 “Electronic mail” defined.

NRS 41.720 “Network” defined.

NRS 41.725 “Recipient” defined.

NRS 41.730 Action for damages; exceptions; injunctive relief.

NRS 41.735 Immunity for persons who provide users with access to network; applicability to items of electronic mail obtained voluntarily.

LIABILITY OF PERSONS WHO KILL OR INJURE PET OF ANOTHER PERSON

NRS 41.740 Damages for which person who kills or injures pet of another person is liable; punitive and noneconomic damages may not be awarded; limitation on amount of damages; exceptions.

LIABILITY OF EMPLOYERS FOR CERTAIN ACTS

NRS 41.745 Liability of employer for intentional conduct of employee; limitations.

NRS 41.750 Limitations on liability of employer for damages arising from or relating to child care provided to children of employee.

NRS 41.755 Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions.

LIABILITY OF PERSONS WHO INTENTIONALLY OBSTRUCT INGRESS OR EGRESS TO PUBLIC OR PRIVATE PROPERTY OR WHO INTENTIONALLY OBSTRUCT PUBLIC OR PRIVATE ROADWAYS

NRS 41.800 Acts for which person is liable; remedies; no criminal liability for violation of section.

ACTION FOR WRONGFUL CONVICTION

NRS 41.900 Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; “innocence” defined.

NRS 41.910 Certificate of innocence: Entry; denial of entry and dismissal of action; sealing of records upon entry of certificate.

NRS 41.920 Waiver of sovereign immunity; action not subject to other requirements or limitation on damages; law relating to absolute or qualified immunity of judicial officer, prosecutor or law enforcement officer applies to action.

NRS 41.930 Captioning of pleadings; verified statement of facts must be served upon Attorney General; proceedings held before court without jury; appeal; doctrines of res judicata and collateral estoppel do not apply to action.

NRS 41.940 Limitation on time for commencement of action.

NRS 41.950 Award of damages and other relief.

NRS 41.960 Reduction of award because of previous action or settlement; reimbursement; calculation of award not to include attorney’s fees or costs.

NRS 41.970 Submission of claim to State Board of Examiners; claim paid from Reserve for Statutory Contingency Account.

_________

CLAIMS AGAINST STATE FOR SERVICES, ADVANCES AND REFUNDS

NRS 41.010 Commencement of action; service of summons upon State Controller. An officer or person who has presented a claim against the State:

1. For services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law; or

2. For refund of an overpayment,

Ê which claim the State Board of Examiners or the State Controller has refused to allow, in whole or in part, may commence an action in any court having jurisdiction of the amount, for the recovery of such portion of the claim as has been rejected. In such action, the State of Nevada must be named as defendant, and the summons must be served upon the State Controller, and the action must proceed as other civil actions to final judgment.

[1911 CPA § 711; RL § 5653; NCL § 9200] — (NRS A 1967, 720; 1969, 1117; 2003, 627)

NRS 41.020 Attorney General to defend; appeals. The Attorney General shall defend all such actions on the part of the State. The State Controller shall cause to be subpoenaed and examined such witnesses and procure and cause to be introduced such documentary evidence as the State Controller shall deem necessary for the defense. Appeals may be taken in all such actions by the State Controller or the Attorney General in behalf of the State.

[1911 CPA § 712; RL § 5654; NCL § 9201] — (NRS A 1969, 1117)

NRS 41.030 State Controller to draw warrant upon final judgment. Upon the presentation of a certified copy of a final judgment in favor of the claimant in any such action, the State Controller shall draw a warrant in favor of the claimant for the amount awarded by the judgment.

[1911 CPA § 713; RL § 5655; NCL § 9202]

LIABILITY OF AND ACTIONS AGAINST THIS STATE, ITS AGENCIES AND POLITICAL SUBDIVISIONS

General Provisions

NRS 41.0305 “Political subdivision” defined. As used in NRS 41.0305 to 41.039, inclusive, the term “political subdivision” includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.

(Added to NRS by 1977, 455; A 1987, 95, 701, 740, 1395; 1989, 1723; 1993, 1210; 1995, 814; 1997, 1035; 1999, 3319; 2001, 826; 2005, 2429; 2015, 3816; 2019, 2014, 2075)

NRS 41.0307 “Employee,” “employment,” “immune contractor,” “public officer” and “officer” defined. As used in NRS 41.0305 to 41.039, inclusive:

1. “Employee” includes an employee of a:

(a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

(b) Charter school.

(c) University school for profoundly gifted pupils described in chapter 388C of NRS.

2. “Employment” includes any services performed by an immune contractor.

3. “Immune contractor” means any natural person, professional corporation or professional association which:

(a) Is an independent contractor with the State pursuant to NRS 333.700; and

(b) Contracts to provide medical services for the Department of Corrections.

Ê As used in this subsection, “professional corporation” and “professional association” have the meanings ascribed to them in NRS 89.020.

4. “Public officer” or “officer” includes:

(a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.

(Added to NRS by 1977, 1536; A 1981, 247; 1987, 95, 539; 1989, 695; 1991, 142; 1993, 2261; 1997, 914; 1999, 3319; 2001 Special Session, 213; 2003, 329; 2005, 2430; 2009, 2231)

NRS 41.0308 Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training. For the purposes of NRS 41.0305 to 41.039, inclusive, a person who volunteers to a county school district or to a local law enforcement agency to serve as a crossing guard for a county school district shall be deemed an employee of a political subdivision of the State if the person has successfully completed a training course in traffic safety that has been approved by a local law enforcement agency.

(Added to NRS by 1995, 98)

NRS 41.0309 Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State. For the purposes of NRS 41.0305 to 41.039, inclusive, an employee of or volunteer for a public fire-fighting agency shall be deemed an employee of the State or a political subdivision of the State.

(Added to NRS by 1993, 874)

Waiver of Sovereign Immunity

NRS 41.031 Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment.

1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.

2. An action may be brought under this section against the State of Nevada or any political subdivision of the State. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon:

(a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and

(b) The person serving in the office of administrative head of the named agency.

3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

(Added to NRS by 1965, 1413; A 1975, 209, 421; 1977, 275; 1979, 628; 1987, 95; 1989, 695; 1991, 142; 1993, 148, 824, 1501, 2489, 2491, 2492; 1995, 583, 639; 1997, 473; 2003, 329)

Conditions and Limitations on Actions

NRS 41.032 Acts or omissions of officers, employees and immune contractors. Except as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions which is:

1. Based upon an act or omission of an officer, employee or immune contractor, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if the statute or regulation has not been declared invalid by a court of competent jurisdiction; or

2. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the State or any of its agencies or political subdivisions or of any officer, employee or immune contractor of any of these, whether or not the discretion involved is abused.

(Added to NRS by 1965, 1413; A 1967, 992; 1977, 1536; 1983, 2100; 1987, 540)

NRS 41.0322 Actions by persons in custody of Department of Corrections to recover compensation for loss or injury.

1. A person who is or was in the custody of the Department of Corrections may not proceed with any action against the Department or any of its agents, former officers, employees or contractors to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort pursuant to NRS 41.031 unless the person has exhausted the person’s administrative remedies provided by NRS 209.243 and the regulations adopted pursuant thereto.

2. The filing of an administrative claim pursuant to NRS 209.243 is not a condition precedent to the filing of an action pursuant to NRS 41.031.

3. An action filed by a person in accordance with this section before the exhaustion of the person’s administrative remedies must be stayed by the court in which the action is filed until the administrative remedies are exhausted. The court shall dismiss the action if the person has not timely filed the person’s administrative claim pursuant to NRS 209.243.

4. If a person has exhausted the person’s administrative remedies and has filed and is proceeding with a civil action to recover compensation for the loss of the person’s personal property, property damage, personal injuries or any other claim arising out of a tort, the Office of the Attorney General must initiate and conduct all negotiations for settlement relating to that action.

(Added to NRS by 1993, 1210; A 1995, 1517; 2001 Special Session, 213)

NRS 41.0325 Negligence or willful misconduct of minor driver in legal custody of State. No action may be commenced pursuant to subsection 2 of NRS 483.300 against the State, a county or an officer or employee of the State or a county for damages caused by the negligence or willful misconduct of a minor driver whose application for a driver’s license was signed by the officer or employee while the minor was in the legal custody of the State or county.

(Added to NRS by 1989, 695; A 2005, 1043)

NRS 41.0327 Injuries arising from acts incident to certain solicitations of charitable contributions. No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon any injuries to any person or property arising from or incident to the act of solicitation permitted pursuant to NRS 244.3555, 268.423 or 408.601.

(Added to NRS by 1991, 142)

NRS 41.033 Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters.

1. No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon:

(a) Failure to inspect any building, structure, vehicle, street, public highway or other public work, facility or improvement to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or

(b) Failure to discover such a hazard, deficiency or other matter, whether or not an inspection is made.

2. An inspection conducted with regard to a private building, structure, facility or improvement constitutes a public duty and does not warrant or ensure the absence of any hazard, deficiency or other matter.

(Added to NRS by 1965, 1413; A 1967, 993; 1977, 1537; 1993, 2886)

NRS 41.0331 Construction of fence or other safeguard around dangerous condition at abandoned mine. A person, the State of Nevada, any political subdivision of the State, any agency of the State or any agency of its political subdivisions is immune from civil liability for damages sustained as a result of any act or omission by the person, State, political subdivision or agency in constructing, or causing to be constructed, pursuant to standards prescribed by the Commission on Mineral Resources, a fence or other safeguard around an excavation, shaft, hole or other dangerous condition at an abandoned mine for which the person, State, political subdivision or agency is not otherwise responsible.

(Added to NRS by 1989, 1556)

NRS 41.0332 Acts or omissions of volunteer school crossing guards. County school districts and local law enforcement agencies are not liable for the negligent acts or omissions of a person who volunteers to serve as a crossing guard, unless:

1. The volunteer made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or

2. The conduct of the volunteer affirmatively caused the harm.

Ê The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.

(Added to NRS by 1995, 98)

NRS 41.0333 Acts or omissions of members or employees of Nevada National Guard. No action may be brought under NRS 41.031 or against the State of Nevada or the Nevada National Guard or a member or employee of the Nevada National Guard which action is based upon an act or omission of the member or employee while engaged in state or federal training of the Nevada National Guard or duty as prescribed by Title 32 of U.S.C., or regulations adopted pursuant thereto, whether such training or duty is performed within or without the boundaries of this state.

(Added to NRS by 1975, 209)

NRS 41.0334 Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions.

1. Except as otherwise provided in subsection 2, no action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 205.005 to 205.080, inclusive, 205.220, 205.226, 205.228, 205.240, 205.271 to 205.2741, inclusive, 206.310, 206.330, 206.335, 207.210, 331.200 or 393.410 at the time of the injury, wrongful death or damage was caused.

2. Subsection 1 does not apply to any action for injury, wrongful death or other damage:

(a) Intentionally caused or contributed to by an officer or employee of the State or any of its agencies or political subdivisions; or

(b) Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the Constitution of the State of Nevada.

3. As used in this section:

(a) “Public building” includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and

(b) “Public vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,

Ê owned, in whole or in part, possessed, used by or leased to the State or any of its agencies or political subdivisions.

(Added to NRS by 1987, 94, 95; A 1995, 738; 1997, 346; 2007, 2299; 2009, 23)

NRS 41.0335 Actions against certain officers and employees of political subdivisions for acts or omissions of other persons.

1. No action may be brought against:

(a) A sheriff or county assessor which is based solely upon any act or omission of a deputy;

(b) A chief of a police department which is based solely upon any act or omission of an officer of the department;

(c) A chief of a fire department which is based solely upon any act or omission of a firefighter or other person called to assist the department;

(d) A member of the board of trustees of a county school district, the superintendent of schools of that school district or the principal of a school, which is based solely upon any act or omission of a person volunteering as a crossing guard; or

(e) A chief of a local law enforcement agency which is based solely on any act or omission of a person volunteering as a crossing guard.

2. This section does not:

(a) Limit the authority of the State or a political subdivision or a public corporation of the State to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.

(b) Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.

(Added to NRS by 1969, 563; A 1987, 216; 1995, 99; 1997, 1584; 2005, 316)

NRS 41.0336 Acts or omissions of firefighters or law enforcement officers. A fire department or law enforcement agency is not liable for the negligent acts or omissions of its firefighters or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless:

1. The firefighter, officer or other person made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or

2. The conduct of the firefighter, officer or other person affirmatively caused the harm.

Ê The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.

(Added to NRS by 1987, 216; A 2005, 317)

NRS 41.03365 Actions concerning equipment or personal property donated in good faith to volunteer fire department. No action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions for damages caused by any equipment or other personal property that was provided by any of them, in good faith and without charge, to a volunteer fire department for use by the volunteer fire department in carrying out its duties.

(Added to NRS by 2003, 329)

NRS 41.0337 State or political subdivision to be named party defendant.

1. No tort action arising out of an act or omission within the scope of a person’s public duties or employment may be brought against any present or former:

(a) Local judicial officer or state judicial officer;

(b) Officer or employee of the State or of any political subdivision;

(c) Immune contractor; or

(d) State Legislator,

Ê unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.

2. No tort action may be brought against a person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of any present or former:

(a) Local judicial officer or state judicial officer;

(b) Officer or employee of the State or of any political subdivision;

(c) Immune contractor; or

(d) State Legislator,

Ê unless the State or appropriate political subdivision is named a party defendant under NRS 41.031.

3. As used in this section:

(a) “Local judicial officer” has the meaning ascribed to it in NRS 41.03377.

(b) “State judicial officer” has the meaning ascribed to it in NRS 41.03385.

(Added to NRS by 1975, 896; A 1977, 481, 1537; 1979, 1731; 1987, 540; 2013, 1494)

Legal Representation

NRS 41.03375 Definitions. As used in NRS 41.03375 to 41.03473, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.03377, 41.0338 and 41.03385 have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 1494)

NRS 41.03377 “Local judicial officer” defined. “Local judicial officer” means a justice of the peace, senior justice of the peace, municipal judge or senior municipal judge.

(Added to NRS by 2013, 1494)

NRS 41.0338 “Official attorney” defined. “Official attorney” means:

1. The Attorney General, in an action which involves:

(a) A present or former state judicial officer, State Legislator, officer or employee of this State, immune contractor or member of a state board or commission; or

(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).

2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves:

(a) A present or former local judicial officer of that political subdivision, a present or former officer or employee of that political subdivision or a present or former member of a local board or commission; or

(b) A person who is named as a defendant in the action solely because of an alleged act or omission relating to the public duties or employment of a person listed in paragraph (a).

(Added to NRS by 1979, 1733; A 1987, 540; 1999, 782; 2001, 63, 64; 2013, 1494)

NRS 41.03385 “State judicial officer” defined. “State judicial officer” means a justice of the Supreme Court, senior justice, judge of a district court or senior judge.

(Added to NRS by 2013, 1494)

NRS 41.0339 Circumstances under which official attorney to provide defense or employ special counsel.

1. The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any civil action brought against that person based on any alleged act or omission relating to the person’s public duties or employment, or any other person who is named as a defendant in a civil action solely because of an alleged act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator, if:

(a) Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, the person submits a written request for defense:

(1) To the official attorney; or

(2) If the officer, employee or immune contractor has an administrative superior, to the administrator of the person’s agency and the official attorney; and

(b) The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.

2. If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the official attorney or a deputy of the official attorney, the official attorney must employ special counsel pursuant to NRS 41.03435 or 41.0344, whichever is applicable.

(Added to NRS by 1979, 1733; A 1987, 541; 2013, 1495)

NRS 41.0341 Time for filing responsive pleading. If the complaint is filed in a court of this state:

1. The local judicial officer, state judicial officer, officer, employee, board or commission member, State Legislator or other person for whom the official attorney is required to provide a defense pursuant to NRS 41.0339; and

2. The state or any political subdivision named as a party defendant,

Ê each has 45 days after their respective dates of service to file an answer or other responsive pleading.

(Added to NRS by 1979, 1733; A 2013, 1495)

NRS 41.03415 Determination by official attorney whether or not to tender defense.

1. The official attorney shall determine as promptly as possible whether or not to tender the defense of the person submitting the request. Until the decision is made, the official attorney shall take appropriate action to defend or otherwise protect the time of the person submitting the request to file a responsive pleading.

2. In any case in which the official attorney determines not to defend, the official attorney shall give written notice to the person who requested the defense either:

(a) Ten days before the date an answer or other responsive pleading must be filed with the court; or

(b) If the defense has been commenced, 20 days before the time an application is made with the court to withdraw as the attorney of record in accordance with NRS 41.0346.

(Added to NRS by 1979, 1733)

NRS 41.0342 Arrangements and circumstances of defense not admissible in evidence. No fact pertaining to the arrangements or circumstances by which the State or political subdivision or any attorney thereof defends any person or does not do so is admissible in evidence at trial or in any other proceeding in the civil action in which that person is a defendant, except in connection with an application to withdraw as the attorney of record.

(Added to NRS by 1979, 1734)

NRS 41.0343 Waiver of attorney-client privilege may not be required. The State or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of tendering the defense of any of its officers or employees, but nothing in this section precludes an application to withdraw as the attorney of record.

(Added to NRS by 1979, 1734)

NRS 41.03435 Employment of special counsel by Attorney General. The Attorney General may employ special counsel whose compensation must be fixed by the Attorney General, subject to the approval of the State Board of Examiners, if the Attorney General determines at any time prior to trial that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. Compensation for special counsel must be paid out of:

1. The Reserve for Statutory Contingency Account; or

2. Available federal grants or a permanent fund in the State Treasury other than the State General Fund.

(Added to NRS by 1979, 1734; A 1991, 1751; 2013, 1053)

NRS 41.0344 Employment of special counsel by chief legal officer or attorney of political subdivision. The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation must be fixed by the governing body of the political subdivision if he or she determines at any time prior to trial that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by the chief legal officer or attorney of the political subdivision. Compensation for special counsel must be paid by the political subdivision.

(Added to NRS by 1979, 1734)

NRS 41.0345 Defense may be tendered to insurer authorized to defend action. The official attorney may provide for the defense of any person who is entitled to a defense from the State or political subdivision by tendering the defense to an insurer who, pursuant to a contract of insurance, is authorized to defend the action.

(Added to NRS by 1979, 1734; A 1999, 782)

NRS 41.03455 Defendant may employ own counsel. At any time after a written request for defense is submitted to the official attorney, the person requesting the defense may employ his or her own counsel to defend the action. At that time, the State or political subdivision is excused from any further duty to represent that person and is not liable for any expenses in defending the action, including court costs and attorney’s fees.

(Added to NRS by 1979, 1734)

NRS 41.0346 Withdrawal of official attorney as attorney of record.

1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission, State Legislator or any other person defended by the official attorney pursuant to NRS 41.0339, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:

(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;

(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;

(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;

(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;

(e) Failure of the defendant to cooperate in good faith with the defense of the case; or

(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the public duties or employment of a local judicial officer, state judicial officer, public officer, employee, immune contractor, member of a board or commission or State Legislator.

2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.

(Added to NRS by 1979, 1734; A 1987, 541; 1999, 782; 2013, 1496)

NRS 41.0347 Liability of State or political subdivision for failure to provide defense.

1. If the official attorney does not provide for the defense of a present or former local judicial officer, state judicial officer, officer, employee, immune contractor, member of a board or commission of the State or any political subdivision or State Legislator in any civil action in which the State or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of the person’s public duty or employment and that the person’s act or omission was not wanton or malicious:

(a) If the Attorney General was responsible for providing the defense, the State is liable to that person for reasonable expenses in prosecuting the person’s own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.

(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the person’s own defense, including court costs and attorney’s fees.

2. If the official attorney does not provide for the defense of a person who is named a defendant in any civil action solely because of an alleged act or omission relating to the public duties or employment of a present or former local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator and the State or political subdivision is also named a defendant, or the civil action was brought in a court other than a court of competent jurisdiction of this State, and if it is judicially determined that the injuries arose out of an act or omission of a local judicial officer, state judicial officer, officer or employee of the State or any political subdivision, immune contractor or State Legislator during the performance of any duty within the course and scope of such a person’s public duty or employment and that the person’s act or omission was not wanton or malicious:

(a) If the Attorney General was responsible for providing the defense, the State is liable to the person for reasonable expenses in prosecuting the person’s own defense, including court costs and attorney’s fees. These expenses must be paid, upon approval by the State Board of Examiners, from the Reserve for Statutory Contingency Account.

(b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on the person’s own defense, including court costs and attorney’s fees.

(Added to NRS by 1979, 1735; A 1987, 542; 1991, 1751; 2013, 1496)

NRS 41.03473 Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law. The provisions of NRS 41.03375 to 41.03473, inclusive, do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of this State or a political subdivision of this State, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the person’s public duties or employment.

(Added to NRS by 2013, 1494)

Verdict, Judgment, Damages and Indemnification

NRS 41.03475 No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception. Except as otherwise provided in NRS 41.745, no judgment may be entered against the State of Nevada or any agency of the State or against any political subdivision of the State for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission or State Legislator which was outside the course and scope of the person’s public duties or employment.

(Added to NRS by 1979, 1735; A 1987, 542; 1997, 1357)

NRS 41.0348 Special verdict required. In every action or proceeding in any court of this state in which both the State or political subdivision and any present or former officer, employee, immune contractor or member of a board or commission thereof or any present or former State Legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:

1. The individual defendant was acting within the scope of the defendant’s public duty or employment; and

2. The alleged act or omission by the individual defendant was wanton or malicious.

(Added to NRS by 1979, 1735; A 1987, 542)

NRS 41.0349 Indemnification of present or former public officer, employee, immune contractor or State Legislator. In any civil action brought against any present or former officer, employee, immune contractor, member of a board or commission of the State or a political subdivision or State Legislator, in which a judgment is entered against the person based on any act or omission relating to the person’s public duty or employment, the State or political subdivision shall indemnify the person unless:

1. The person failed to submit a timely request for defense;

2. The person failed to cooperate in good faith in the defense of the action;

3. The act or omission of the person was not within the scope of the person’s public duty or employment; or

4. The act or omission of the person was wanton or malicious.

(Added to NRS by 1979, 1735; A 1987, 543)

NRS 41.035 Limitation on award for damages in tort actions. [Effective through June 30, 2020.]

1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of $100,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

(a) Any public or quasi-municipal corporation organized under the laws of this State.

(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073; 2007, 3024, 3025)

NRS 41.035 Limitation on award for damages in tort actions. [Effective July 1, 2020 through June 30, 2022.]

1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of $150,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

(a) Any public or quasi-municipal corporation organized under the laws of this State.

(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073; 2007, 3024, 3025; 2019, 3061, effective July 1, 2020)

NRS 41.035 Limitation on award for damages in tort actions. [Effective July 1, 2022.]

1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

(a) Any public or quasi-municipal corporation organized under the laws of this State.

(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

(Added to NRS by 1965, 1414; A 1968, 44; 1973, 1532; 1977, 985, 1539; 1979, 1736; 1987, 543; 1995, 1073; 2007, 3024, 3025; 2019, 3061, effective July 1, 2022)

Miscellaneous Provisions

NRS 41.036 Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners.

1. Each person who has a claim against the State or any of its agencies arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the Attorney General.

2. Each person who has a claim against any political subdivision of the State arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision.

3. The filing of a claim in tort against the State or a political subdivision as required by subsections 1 and 2 is not a condition precedent to bringing an action pursuant to NRS 41.031.

4. The Attorney General shall, if authorized by regulations adopted by the State Board of Examiners pursuant to subsection 6, approve, settle or deny each claim that is:

(a) Filed pursuant to subsection 1; and

(b) Not required to be passed upon by the Legislature.

5. If the Attorney General is not authorized to approve, settle or deny a claim filed pursuant to subsection 1, the Attorney General shall investigate the claim and submit a report of findings to the State Board of Examiners concerning that claim.

6. The State Board of Examiners shall adopt regulations that specify:

(a) The type of claim that the Attorney General is required to approve, settle or deny pursuant to subsection 4; and

(b) The procedure to be used by the Attorney General to approve, settle or deny that claim.

(Added to NRS by 1965, 1414; A 1969, 1117; 1979, 629; 1981, 1885; 1983, 103; 1993, 1502; 1997, 280)

NRS 41.037 Administrative settlement of claims or actions.

1. Upon receiving a report of findings pursuant to subsection 5 of NRS 41.036, the State Board of Examiners may approve, settle or deny any claim or action against the State, any of its agencies or any of its present or former officers, employees, immune contractors or State Legislators.

2. Upon approval of a claim by the State Board of Examiners or the Attorney General pursuant to subsection 4 of NRS 41.036:

(a) The State Controller shall draw a warrant for the payment of the claim; and

(b) The State Treasurer shall pay the claim from:

(1) The Fund for Insurance Premiums; or

(2) The Reserve for Statutory Contingency Account.

3. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may:

(a) Approve, settle or deny any claim or action against that subdivision or any of its present or former officers or employees; and

(b) Pay the claim or settlement from any money appropriated or lawfully available for that purpose.

(Added to NRS by 1965, 1414; A 1973, 1532; 1977, 1539; 1979, 1736; 1985, 544; 1987, 544; 1989, 310; 1991, 1752; 1997, 281)

NRS 41.0375 Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances.

1. Any agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator:

(a) Must not provide that any or all of the terms of the agreement are confidential.

(b) Must include the amount of any attorney’s fees and costs to be paid pursuant to the agreement.

(c) Is a public record and must be open for inspection pursuant to NRS 239.010.

2. Any provision of an agreement to settle a claim or action brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator that conflicts with this section is void.

(Added to NRS by 2001, 826)

NRS 41.038 Insurance of officers, employees and immune contractors of State or local government against liability.

1. The State and any local government may:

(a) Insure itself against any liability arising under NRS 41.031.

(b) Insure any of its officers, employees or immune contractors against tort liability resulting from an act or omission in the scope of the person’s employment.

(c) Insure against the expense of defending a claim against itself or any of its officers, employees or immune contractors whether or not liability exists on such a claim.

2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of the peace officer’s employment while attending such a function.

3. As used in this section:

(a) “Insure” means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof.

(b) “Local government” means every political subdivision and every other governmental entity in this State.

(Added to NRS by 1965, 1414; A 1969, 272, 564; 1977, 388; 1987, 544)

NRS 41.0385 Claims made against state agencies and local governments for tortious conduct: Annual filing of summary of claims with Secretary of State or clerk of local government; summaries of claims are public records.

1. On or before January 10 of each year, for the preceding calendar year, each agency represented by the Attorney General shall submit to the Attorney General a summary of all claims made against the agency for tortious conduct. On or before February 1 of each year, the Attorney General shall compile the summaries submitted pursuant to this subsection and file the compilation with the Secretary of State. The compilation is a public record open to inspection.

2. On or before February 1 of each year, for the preceding calendar year, the district attorney, city attorney or other attorney on behalf of each local government shall compile and file with the clerk of its governing body a summary of all claims made against that government for tortious conduct. The summary is a public record open to inspection.

3. The claims summarized pursuant to this section must be arranged by category of wrong alleged, such as battery, false arrest, negligent injury, wrongful death, and the like, and divided by status into:

(a) Claims paid;

(b) Judgments entered but unpaid; and

(c) Claims pending.

Ê A total must be shown for each status in each category, and a total overall for each status and each category.

4. For each claim must be shown:

(a) The name of the claimant;

(b) The amount paid, reduced to judgment, or claimed, as the case may be, including fees and costs determined; and

(c) The type of wrong alleged.

5. A court order sealing the record of a proceeding does not prevent the disclosure of the information required by this section, or excuse the attorney for the state or local government from providing that information.

(Added to NRS by 1993, 1163)

NRS 41.039 Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer. An action which is based on the conduct of any immune contractor, employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of the person’s employment or in the performance of the person’s official duties may not be filed against the immune contractor, employee or officer unless, before the filing of the complaint in such an action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, against the political subdivision for which the immune contractor, employee or officer was authorized to act.

(Added to NRS by 1968, 27; A 1987, 96, 544)

AWARD OF ATTORNEY’S FEES AND LITIGATION EXPENSES IN CRIMINAL ACTION IF POSITION OF STATE WAS VEXATIOUS, FRIVOLOUS OR IN BAD FAITH

NRS 41.0393 Grounds for award; application; eligibility; receipt of evidence and testimony; payment of award; payment of interest following unsuccessful appeal; definitions.

1. A court may, in a criminal action, award to a prevailing party, other than the State, reasonable attorney’s fees and litigation expenses incurred by the party in the criminal action if the court finds that the position of the State was vexatious, frivolous or in bad faith.

2. A prevailing party that wishes to obtain an award pursuant to this section must, within 30 days after final judgment in the criminal action, submit to the court an application for attorney’s fees and litigation expenses. The application must include, without limitation:

(a) A showing that the party is:

(1) A prevailing party; and

(2) Eligible to receive an award as set forth in subsection 3;

(b) An allegation that the position of the State in the criminal action was vexatious, frivolous or in bad faith; and

(c) A statement of the amount sought, accompanied by an itemized statement from any attorney, expert witness or other person that represented or appeared in the criminal action on behalf of the party that states the actual time expended and the rate at which fees and other expenses were computed.

3. A prevailing party is not eligible for an award pursuant to subsection 1 if he or she was represented by a county or state public defender or by other appointed counsel whose expenses were paid by the public.

4. To determine whether or not to award attorney’s fees and litigation expenses under this section, the court, for good cause shown, may receive evidence and testimony ex parte and in camera. Such evidence and testimony may include, without limitation, evidence and testimony that reveals or might reveal confidential information, the identity of an informant or undercover agent or matters occurring before a grand jury. Evidence or testimony so received must be kept under seal.

5. Attorney’s fees and litigation expenses awarded pursuant to this section must be paid by the department, division, board, bureau, commission or other agency or political subdivision of the State over which the party prevailed. The award must be paid in the same manner as other claims against the department, division, board, bureau, commission or other agency or political subdivision are paid.

6. If the State appeals an award of attorney’s fees or litigation expenses made pursuant to this section and the award is affirmed in whole or in part, interest must be paid on the amount of the award as affirmed. The interest must:

(a) Be computed at the rate most recently established pursuant to NRS 99.040; and

(b) Run from the date of the award through the day before the date on which the award is affirmed.

7. For the purposes of this section, a party prevails over the State in a criminal action if the party:

(a) Is acquitted or obtains a dismissal with prejudice of all or substantially all charges brought against the party in the criminal action; or

(b) Obtains a dismissal without prejudice of all or substantially all charges brought against the party in the criminal action or a mistrial, so long as it is not the result of circumstances attributable to the party, but only if the court finds it unlikely that a new criminal action will be brought against the party with respect to those charges.

8. As used in this section:

(a) “Court” means a district court or justice court.

(b) “Final judgment” means a judgment from which no appeal may be taken or for which the time for taking an appeal has expired.

(c) “Litigation expenses” includes, without limitation, the reasonable expenses of expert witnesses and the reasonable cost of any study, analysis, engineering report, test or project which is found by the court to be necessary for the preparation of the prevailing party’s criminal action.

(d) “State” means the State of Nevada and any department, division, board, bureau, commission or other agency or political subdivision of the State or an officer or employee thereof acting in his or her official capacity.

(Added to NRS by 2015, 538)

ACTION AGAINST STATE OR POLITICAL SUBDIVISION IN CONNECTION WITH CONFISCATION OF FIREARM

NRS 41.0395 Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

1. A person from whom a firearm is confiscated in violation of NRS 414.155 may seek relief in a suit, action or other proceeding at law or in equity, including, without limitation, an action for the return of the firearm, against:

(a) The State of Nevada or a political subdivision thereof; and

(b) The officer or employee of the State or a political subdivision thereof or worker who confiscated or authorized the confiscation of the firearm.

2. The proceeding may be commenced in a court of competent jurisdiction in the county in which:

(a) The person bringing the proceeding resides; or

(b) The firearm may be found.

3. If a person who brings a proceeding pursuant to this section prevails, the court shall award the person, in addition to any other remedy provided by law, reasonable attorney’s fees and costs.

4. As used in this section:

(a) “Firearm” has the meaning ascribed to it in NRS 414.0355.

(b) “Worker” has the meaning ascribed to it in NRS 414.110.

(Added to NRS by 2007, 359)

APPOINTMENT OF ELISORS

NRS 41.040 Appointment and bond of elisor. Process and orders in an action or proceeding may be executed in any county by a person designated by the court or the judge thereof of the county in which the action or proceeding is pending, and denominated an elisor, in the following cases:

1. When the sheriff is a party.

2. When there is a vacancy in the office of sheriff.

3. When it shall be made to appear by affidavit to the satisfaction of the court in which the suit or proceeding is pending, or the judge thereof, that the sheriff, by reason of any bias, prejudice or other cause, would not act promptly or impartially. The court or judge may require such person so appointed to give a bond with sufficient security, in such amount and with such condition, to the person to be served, as the court or judge may deem necessary to secure the rights of the party.

[1911 CPA § 553; RL § 5495; NCL § 9042]

NRS 41.050 Execution of process by elisor. When process is delivered to an elisor, the elisor shall execute it in the same manner as the sheriff is required to execute similar process in other cases.

[1911 CPA § 554; RL § 5496; NCL § 9043]

NRS 41.060 Arrest and confinement of sheriff in a civil action. If the sheriff, on being arrested by an elisor, or if another, on being arrested in an action in which the sheriff is a party, upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if he or she be arrested on execution against his or her body, or on a warrant of attachment, he or she shall be confined in a house other than the house of the sheriff or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail. The house in which he or she is thus confined shall thereupon become, for that purpose, the county jail.

[1911 CPA § 555; RL § 5497; NCL § 9044]

NRS 41.070 Powers, duties and fees of elisors. An elisor appointed to execute process and orders in the cases mentioned in NRS 41.040 shall be invested with the powers, duties and responsibilities of the sheriff in the execution of such process or orders and in every matter incidental thereto, and shall be entitled to the same fees as a sheriff would be entitled to for like services.

[1911 CPA § 556; RL § 5498; NCL § 9045]

GOVERNMENTAL PRIVILEGES, IMMUNITIES AND LIMITATIONS ON LIABILITY

NRS 41.071 Legislative privilege and immunity for State Legislators.

1. The Legislature hereby finds and declares that:

(a) The Framers of the Nevada Constitution created a system of checks and balances so that the constitutional powers separately vested in the Legislative, Executive and Judicial Departments of State Government may be exercised without intrusion from the other Departments.

(b) As part of the system of checks and balances, the constitutional doctrines of separation of powers and legislative privilege and immunity facilitate the autonomy of the Legislative Department by curtailing intrusions by the Executive or Judicial Department into the sphere of legitimate legislative activities.

(c) The constitutional doctrines of separation of powers and legislative privilege and immunity protect State Legislators from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

(d) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be hindered or obstructed by executive or judicial oversight that realistically threatens to control their conduct as Legislators.

(e) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must be free to represent the interests of their constituents with assurance that they will not later be called to task for that representation by the other branches of government.

(f) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, State Legislators must not be questioned or sanctioned by the other branches of government for their actions in carrying out their core or essential legislative functions.

(g) Under the constitutional doctrines of separation of powers and legislative privilege and immunity, the only governmental entity that may question or sanction a State Legislator for any actions taken within the sphere of legitimate legislative activity is the Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution.

(h) Therefore, the purpose and effect of this section is to implement the constitutional doctrines of separation of powers and legislative privilege and immunity by codifying in statutory form the constitutional right of State Legislators to be protected from having to defend themselves, from being held liable and from being questioned or sanctioned in administrative or judicial proceedings for speech, debate, deliberation and other actions performed within the sphere of legitimate legislative activity.

2. For any speech or debate in either House, a State Legislator shall not be questioned in any other place.

3. In interpreting and applying the provisions of this section, the interpretation and application given to the constitutional doctrines of separation of powers and legislative privilege and immunity under the Speech or Debate Clause of Section 6 of Article I of the Constitution of the United States must be considered to be persuasive authority.

4. The rights, privileges and immunities recognized by this section are in addition to any other rights, privileges and immunities recognized by law.

5. This section applies to any actions, in any form, taken or performed within the sphere of legitimate legislative activity, whether or not the Legislature is in a regular or special session, and such actions include, without limitation:

(a) Any actions, in any form, taken or performed with regard to any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, conceiving, formulating, investigating, developing, requesting, drafting, introducing, sponsoring, processing, reviewing, revising, amending, communicating, discussing, debating, negotiating, allying, caucusing, meeting, considering, supporting, advocating, approving, opposing, blocking, disapproving or voting in any form.

(b) Any actions, in any form, taken or performed with regard to any legislative investigation, study, inquiry or information-gathering concerning any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, chairing or serving on a committee, preparing committee reports or other documents, issuing subpoenas or conducting disciplinary or impeachment proceedings.

(c) Any actions, in any form, taken or performed with regard to requesting, seeking or obtaining any form of aid, assistance, counsel or services from any officer or employee of the Legislature concerning any legislative measure or other matter within the jurisdiction of the Legislature, including, without limitation, any communications, information, answers, advice, opinions, recommendations, drafts, documents, records, questions, inquiries or requests in any form.

6. The provisions of subsection 5:

(a) Are intended to be illustrative;

(b) Are not intended to be exhaustive or exclusive; and

(c) Must not be interpreted as a limitation or restriction on the constitutional doctrines of separation of powers and legislative privilege and immunity.

7. As used in this section:

(a) “Any form” includes, without limitation, any oral, written, audio, visual, digital or electronic form.

(b) “Legislative measure” means any existing, suggested, proposed or pending bill, resolution, law, statute, ballot question, initiative, referendum or other legislative or constitutional measure.

(c) “Legislature” means:

(1) The Legislature or either House;

(2) Any committee of either House;

(3) Any joint committee of both Houses; or

(4) Any other committee, subcommittee, commission, agency or entity created or authorized by the Legislature to perform legislative functions at the direction of the Legislature, including, without limitation, the Legislative Commission, the Legislative Counsel Bureau or any other agency or entity of the Legislative Department of State Government.

(d) “State Legislator” or “Legislator” means:

(1) Any current or former member of the Senate or Assembly of the State of Nevada; or

(2) Any other person who takes or performs any actions within the sphere of legitimate legislative activity that would be protected if taken or performed by any member of the Senate or Assembly, including, without limitation, any such actions taken or performed by any current or former officer or employee of the Legislature.

(Added to NRS by 2009, 1042; A 2015, 3193)

NRS 41.075 Limitations on liability of Committee on Local Government Finance. No cause of action may be brought against the Committee on Local Government Finance created pursuant to NRS 354.105, or any of its members, which is based upon:

1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or

2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the Committee on Local Government Finance or member thereof, whether or not the discretion involved is abused.

(Added to NRS by 1995, 145; A 1997, 573; 2001, 1819; 2005, 1394)

ACTIONS FOR DEATH BY WRONGFUL ACT OR NEGLECT

NRS 41.085 Heirs and personal representatives may maintain action.

1. As used in this section, “heir” means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.

2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.

3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.

4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent.

5. The damages recoverable by the personal representatives of a decedent on behalf of the decedent’s estate include:

(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and

(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent had lived,

Ê but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law.

(Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354)

LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER IN RESIDENCE, TRANSIENT LODGING OR MOTOR VEHICLE

NRS 41.095 Presumption that person using deadly force against intruder in person’s residence, transient lodging or motor vehicle has reasonable fear of death or bodily injury; person who uses deadly force is immune from civil liability under certain circumstances; definitions.

1. For the purposes of NRS 41.085 and 41.130, any person who uses:

(a) While lawfully in his or her residence, in transient lodging or in a motor vehicle that is not his or her residence, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or herself or another person lawfully in the residence, transient lodging or motor vehicle if the force is used against a person who is committing burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon and the person using the force knew or had reason to believe that burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.

(b) Force which is intended or likely to cause death or bodily injury is immune from civil liability in an action to recover damages for personal injuries to or the wrongful death of a person against whom such force was used if the use of such force was justified under the applicable provisions of chapter 200 of NRS relating to the use of such force.

2. As used in this section:

(a) “Deadly weapon” has the meaning ascribed to it in NRS 193.165.

(b) “Motor vehicle” means every vehicle which is self-propelled.

(c) “Residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

(Added to NRS by 1989, 1798; A 2015, 1784)

SURVIVAL OF CAUSES OF ACTION

NRS 41.100 Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation.

1. Except as otherwise provided in this section, no cause of action is lost by reason of the death of any person, but may be maintained by or against the person’s executor or administrator.

2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if the decedent had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant.

3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by the decedent’s personal representatives for the decedent’s wrongful death.

4. The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310.

5. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy.

[1:21:1937; 1931 NCL § 240.01] — (NRS A 1960, 322; 1967, 408; 1969, 285; 1979, 458; 1987, 1768; 1989, 485; 1997, 227; 2017, 2688)

ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT

NRS 41.130 Liability for personal injury. Except as otherwise provided in NRS 41.745, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and where the person causing the injury is employed by another person or corporation responsible for the conduct of the person causing the injury, that other person or corporation so responsible is liable to the person injured for damages.

[1911 CPA § 707; RL § 5649; NCL § 9196] — (NRS A 1997, 1357)

NRS 41.1305 Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney’s fees and costs.

1. A person who serves, sells or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold or furnished as a result of the consumption of the alcoholic beverage.

2. Except as otherwise provided in this section, a person who:

(a) Knowingly serves, sells or otherwise furnishes an alcoholic beverage to an underage person; or

(b) Knowingly allows an underage person to consume an alcoholic beverage on premises or in a conveyance belonging to the person or over which the person has control,

Ê is liable in a civil action for any damages caused by the underage person as a result of the consumption of the alcoholic beverage.

3. The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish alcoholic beverages or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civil action and does not constitute negligence per se.

4. A person who prevails in an action brought pursuant to subsection 2 may recover the person’s actual damages, attorney’s fees and costs and any punitive damages that the facts may warrant.

5. As used in this section, “underage person” means a person who is less than 21 years of age.

(Added to NRS by 1995, 2667; A 2007, 589)

NRS 41.131 Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.

1. No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law.

2. This section does not affect a cause of action based upon a defect in design or production. The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design.

(Added to NRS by 1985, 1469)

NRS 41.1315 Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way. No person who owns property is liable in a civil action for any injury or damage that occurs as a result of the use of a sidewalk in a public right-of-way that abuts the person’s property, unless the person:

1. Failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of NRS 278.02313; or

2. Created a dangerous condition that caused the injury or damage.

(Added to NRS by 2003, 1738)

NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury.

(Added to NRS by 1985, 968)

NRS 41.134 Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person. A person who has suffered injury as the proximate result of an act that constitutes domestic violence pursuant to NRS 33.018 may bring an action to recover for the person’s actual damages, including, without limitation, damage to any real or personal property. If the person who suffered injury prevails in such an action, the court shall award the person costs and reasonable attorney’s fees.

(Added to NRS by 1997, 1811)

NRS 41.1345 Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information; award of costs and attorney’s fees to injured person; punitive damages; limitation on time for commencement of action.

1. A person who has suffered injury as the proximate result of a violation of the provisions of NRS 205.463, 205.464 or 205.465 may commence an action for the recovery of the person’s actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.

2. An action described in subsection 1 must be commenced not later than 2 years a