2019 Nevada Revised Statutes
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.