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Nevada Revised Statutes

Chapter 41

Nev. Rev. Stat. ch. 41

Actions and Proceedings in Particular Cases Concerning Persons

41.010Commencement of action; service of summons upon State Controller 41.020Attorney General to defend; appeals 41.030State Controller to draw warrant upon final judgment 41.0305“Political subdivision” defined 41.0307“Employee,” “employment,” “immune contractor,” “public officer” and “officer” defined 41.0308Volunteer crossing guard for county school district deemed employee of political subdivision of State if volunteer has completed approved training 41.0309Employee of or volunteer for public fire-fighting agency deemed employee of State or political subdivision of State 41.031Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment 41.032Acts or omissions of officers, employees and immune contractors 41.0322Actions by persons in custody of Department of Corrections to recover compensation for loss or injury 41.0325Negligence or willful misconduct of minor driver in legal custody of State 41.0327Injuries arising from acts incident to certain solicitations of charitable contributions 41.033Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters 41.0331Construction of fence or other safeguard around dangerous condition at abandoned mine 41.03315Acts or omissions of State or institution of higher education related to COVID-19 and educational services [Effective through June 30, 2030.]41.0332Acts or omissions of volunteer school crossing guards 41.0333Acts or omissions of members or employees of Nevada National Guard 41.0334Persons engaged in certain criminal acts in or on public buildings or vehicles; exceptions 41.0335Actions against certain officers and employees of political subdivisions for acts or omissions of other persons 41.0336Acts or omissions of firefighters or law enforcement officers 41.03365Actions concerning equipment or personal property donated in good faith to volunteer fire department 41.0337State or political subdivision to be named party defendant 41.03375Definitions 41.03377“Local judicial officer” defined 41.0338“Official attorney” defined 41.03385“State judicial officer” defined 41.0339Circumstances under which official attorney to provide defense or employ special counsel 41.0341Time for filing responsive pleading 41.03415Determination by official attorney whether or not to tender defense 41.0342Arrangements and circumstances of defense not admissible in evidence 41.0343Waiver of attorney-client privilege may not be required 41.03433Representation by official attorney of person who is not named as defendant in action or proceeding 41.03435Employment of special counsel by Attorney General 41.0344Employment of special counsel by chief legal officer or attorney of political subdivision 41.0345Defense may be tendered to insurer authorized to defend action 41.03455Defendant may employ own counsel 41.0346Withdrawal of official attorney as attorney of record 41.0347Liability of State or political subdivision for failure to provide defense 41.03473Provisions providing for defense by official attorney do not abrogate, alter or affect immunity or protection provided by law 41.03475No judgment against State or political subdivision permitted for acts outside scope of public duties or employment; exception 41.0348Special verdict required 41.0349Indemnification of present or former public officer, employee, immune contractor or State Legislator 41.035Limitation on award for damages in tort actions 41.036Filing 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 41.037Administrative settlement of claims or actions 41.0375Agreement to settle: Prohibited contents; required contents; constitutes public record; void under certain circumstances 41.038Insurance of officers, employees and immune contractors of State or local government against liability 41.0385Claims 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 41.039Filing of valid claim against political subdivision condition precedent to commencement of action against immune contractor, employee or officer 41.0393Grounds for award; application; eligibility; receipt of evidence and testimony; payment of award; payment of interest following unsuccessful appeal; definitions 41.0395Person 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 41.0396Limitations on liability; exceptions 41.0397Prohibition against engaging in certain patterns or practices; investigation by Attorney General; civil action; venue; issuance of subpoenas; confidentiality of investigation; issuance of report by Attorney General; reprisal or retaliation prohibited; Attorney General required to participate and cooperate with federal investigation 41.040Appointment and bond of elisor 41.050Execution of process by elisor 41.060Arrest and confinement of sheriff in a civil action 41.070Powers, duties and fees of elisors 41.071Legislative privilege and immunity for State Legislators 41.075Limitations on liability of Committee on Local Government Finance 41.085Heirs and personal representatives may maintain action 41.095Presumption 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 41.100Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation 41.130Liability for personal injury 41.1305Liability 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 41.1307Liability of person who serves, sells or furnishes cannabis or cannabis product for damages caused as a result of consumption of cannabis or cannabis product: 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 41.131Limitation on basis of liability of manufacturers and distributors of firearms and ammunition 41.1315Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way 41.133Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury 41.1335Action for damages for injuries resulting from fertility fraud; award of costs and attorney’s fees to injured person; punitive damages; where violation deemed to have occurred 41.134Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person 41.1345Action 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 41.1347Action for damages for dissemination of personal identifying information or sensitive information; attorney’s fees and costs; exceptions; joint and several liability; injunctive relief; interactive computer service not liable for content provided by another person 41.135Limitation on liability of victims of certain crimes for injury or damage sustained by offender 41.138Action 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 41.139Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property; employer not liable 41.1391Standard of care and duty of certain first responders not affected by training relating to developmental disabilities; standard of care and duty of certain emergency medical personnel not affected by training related to persons who are elderly or cognitively impaired 41.1393Discharge of duty to warn trespasser against dangerous condition 41.1395Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs 41.1396Action for damages for injury suffered by certain minors depicted in child sexual abuse material; presumed statutory damages; attorney’s fees and costs; protection of victim’s identity; limitation on defenses 41.13965Action involving plaintiff who is victim of sexual abuse or sexual exploitation; judgment of conviction of perpetrator is conclusive evidence of sexual abuse or sexual exploitation; liability of person who benefits from sexual abuse or sexual exploitation; treble damages; exception from liability for certain establishments 41.1397Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus 41.1398Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault 41.1399Action by victim of human trafficking; venue; damages and other relief; attorney’s fees and costs; statute of limitations; joinder of parties; limitation on defenses 41.141When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants 41.191Declaration of domicile in Nevada 41.193Declaration of domicile in other state 41.195Signing and recording of declaration; fee 41.197Other methods of proving domicile not repealed or abrogated 41.200Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked financial investment for proceeds of compromise under certain circumstances; no fees to be charged in proceedings 41.209Applicability 41.210District courts empowered to establish date and place of birth and parentage 41.220Procedure; examination of records by State Registrar of Vital Statistics 41.230Hearing 41.240Court order establishing facts as presented to court 41.250Recording of decree 41.260No fees to be charged by clerk of the court 41.270Verified petition 41.280When publication of notice is required 41.290Order of court; hearing on objections; disposition and rescission of order 41.291Definitions 41.293“Other parent” defined 41.294“Petitioning parent” defined 41.295Verified petition 41.296When notice to nonpetitioning parent is required 41.297Order of court; hearing on objections; disposition of order 41.298Petitions filed under other provisions of law 41.299Provisions do not apply to unemancipated minor in legal custody of agency which provides child welfare services 41.2991“Agency which provides child welfare services” defined 41.2993Verified petition 41.2995When notice to parent is required 41.2997Order 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 41.2999Petitions filed under other provisions of law 41.300Insane persons; presumption of legal capacity on discharge 41.310Adjudication of sanity 41.320Petition seeking restoration of status as sane; notice 41.325Notice of adjudication of sanity to be given to Administrative Officer and Medical Director of Northern Nevada Adult Mental Health Services 41.330Conduct of proceedings by county officers; no fees to be charged 41.331Definitions 41.332“Actual malice” defined 41.333“Exemplary damages” defined 41.334“General damages” defined 41.335“Special damages” defined 41.336Special damages; notice and demand for correction 41.337General, special and exemplary damages 41.338Correction before demand 41.340Liability of owners or operators of broadcasting stations for defamation published by another; exercise of due care 41.350Liability of owner or operator originating broadcast 41.360Liability when broadcast cannot be censored 41.365Action for damages 41.370Public policy against causes of action for breach of promise, alienation of affections and criminal conversation 41.380Causes of action abolished 41.390Time for commencing accrued causes of action for criminal conversation 41.400Act or contract gives no right of action 41.410Unlawful to file actions after July 1, 1979 41.420Penalty 41.430Conditions for jurisdiction of State of Nevada 41.440Imposition of liability 41.450Operator to be made party defendant; recourse on recovery of judgment 41.460When debtor in possession or long-term lessee deemed owner of motor vehicle 41.470Imposition of liability for minor’s willful misconduct 41.472Imposition of liability for minor’s negligence or willful misconduct regarding firearm 41.480Imposition of liability; conditions and limitations on actions based on acts and omissions of officers or directors 41.485Conditions and limitations on actions: Acts and omissions of volunteers of charitable organizations 41.491Limitations on liability 41.495Limitations on liability 41.500General 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 41.503Hospital care or assistance necessitated by traumatic injury; presumption regarding follow-up care 41.504Physicians, physician assistants, anesthesiologist assistants and registered nurses who give instruction or provide supervision to emergency medical attendant, physician assistant, anesthesiologist assistant or nurse during emergency; emergency medical attendants, physician assistants, anesthesiologist assistants and nurses who obey instruction given by physician, physician assistant, anesthesiologist assistant or nurse during emergency 41.505Physicians, physician assistants, anesthesiologist assistants, nurses and dentists 41.506Physicians, physician assistants and nurses who render certain emergency obstetrical care; licensed medical facilities in which certain emergency obstetrical care is rendered 41.507Volunteer emergency medical dispatchers and volunteer medical directors of agencies which employ emergency medical dispatchers 41.5075Behavioral health specialists who perform mobile crisis intervention services by telephone or audio-video communication 41.508Civil action brought by public agency; award of costs and attorney’s fees 41.5085Civil action; recovery of compensatory damages or statutory damages, punitive damages, costs and attorney’s fees; conviction of crime not required; remedies not exclusive 41.509Action brought by parent; recovery; liability not exclusive 41.510Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists 41.515Limitations on liability; exceptions; “trespasser” defined 41.517Limitations on liability; exception; “public art” defined 41.519Limitations on liability; duties of a participant in an equine activity; exceptions; definitions 41.520Contents and verification of complaint; motion to require plaintiff to furnish security; order; recourse of corporation or association to security 41.540Action may be brought against person causing pollution, impairment or destruction of air, water or other natural resources 41.550Security for and apportionment of costs 41.560Relief which may be granted 41.570Provisions supplementary to existing administrative or regulatory provisions 41.580Action by owner of property; treble damages 41.590Lender not liable for defects in property acquired with borrowed money 41.600Actions by victims of fraud 41.610Actions against seller or manufacturer of unapproved drug for misrepresentation of its therapeutic effect 41.620Liability for issuance on nonexistent account or drawing on insufficient money; liability for use of invalid credit or debit card 41.630Limitations on liability 41.635Definitions 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 41.640“Political subdivision” defined 41.650Limitation of liability 41.660Attorney 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 41.665Legislative findings and declaration regarding plaintiff’s burden of proof under NRS 41.660 41.670Award 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 41.690Cause of action for damages resulting from criminal violation if perpetrator was motivated by certain characteristics of victim 41.700Liability for damages caused by use of controlled substance; damages; attorney’s fees and costs 41.705Definitions 41.710“Advertisement” defined 41.715“Electronic mail” defined 41.720“Network” defined 41.725“Recipient” defined 41.730Action for damages; exceptions; injunctive relief 41.735Immunity for persons who provide users with access to network; applicability to items of electronic mail obtained voluntarily 41.740Damages 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 41.745Liability of employer for intentional conduct of employee; limitations 41.750Limitations on liability of employer for damages arising from or relating to child care provided to children of employee 41.755Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions 41.800Acts for which person is liable; remedies; no criminal liability for violation of section 41.900Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; “innocence” defined 41.910Certificate of innocence: Entry of certificate; denial of entry of certificate and dismissal of action; sealing of records upon entry of certificate; confidentiality of records not sealed upon entry of certificate; prohibition against construction of certain findings regarding entry of certificate and provision of award 41.920Waiver of sovereign immunity; exceptions; 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 41.930Captioning 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 41.940Limitation on time for commencement of action 41.950Award of damages and other relief 41.960Reduction of award because of previous action or settlement; notification of settlement or award; reimbursement; calculation of award not to include certain items 41.970Submission of claim to State Board of Examiners; claim paid from Reserve for Statutory Contingency Account; payment not effective without prior approval of Board