NRS 41.031 Waiver of Sovereign Immunity

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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)

Nevada Revised Statutes (NRS) Chapter 41, Section 031

Plain English Explanation

Under Nevada law, the State and any county, city or other political subdivision agree to be treated like any regular person or business when it comes to civil lawsuits, so long as you follow the specific rules in this chapter. In other words, Nevada “waives” its usual immunity, meaning you can sue the State or a local government entity under the same laws that govern suits against private individuals or corporations.

To bring a claim, you must satisfy the filing deadlines and notice requirements set out elsewhere in Chapter 41. When you file a lawsuit against the State itself, you do so in the name of Nevada on relation of the particular department or agency whose actions led to the case. That lawsuit must be filed either in the county where the event took place or in Carson City. At the same time, you must serve the Attorney General’s Office in Carson City and the head of the agency you’re naming.

This waiver also applies to cities, counties and other local government units, they, too, can be sued under the same rules, provided you follow the required procedures. However, this waiver does not override the U.S. Constitution’s Eleventh Amendment, so the State remains protected from certain federal lawsuits. In short, if you meet all of the Chapter 41 requirements, you can hold Nevada or its local governments accountable just as you would a private party, but federal sovereign immunity still stands.

Overview of NRS 41.031

Nevada’s sovereign immunity waiver (NRS 41.031) allows citizens to sue state and local government entities for personal injuries and damages. Whether you’re in Las Vegas, Reno, or Carson City, understanding these laws is crucial for your claim’s success.

Key elements of the statute

Under Nevada law, government entities can be sued similarly to private parties, though specific limitations apply. This waiver of immunity covers various scenarios including vehicle accidents with government vehicles, slip and falls in government buildings, public transportation incidents, and school-related injuries. The broad scope of this waiver demonstrates Nevada’s commitment to government accountability.

Jurisdictional requirements are strictly enforced under the statute. Claims must be filed either in the county where the incident occurred or in Carson City, the state’s capital. Choosing the wrong jurisdiction can result in immediate dismissal of your claim, making proper venue selection crucial to your case’s success.

The service requirements under NRS 41.031 involve a specific three-step process. First, you must serve the Attorney General’s office with your complaint. Second, the administrative head of the relevant agency must also receive service. Finally, you must maintain proof of both services. Failure to complete any of these steps could jeopardize your claim.

Practical application

In cases involving government vehicle accidents, such as collisions with Las Vegas city buses, specific procedures must be followed. Victims need to report the incident within 6 months and maintain thorough documentation of all damages. Following strict notice requirements is essential, and claimants must ensure they file within the two-year statute of limitations to preserve their rights to compensation.

Slip and fall incidents at government buildings, like the Reno courthouse, require immediate action. Injured parties should document the scene with photographs, report the incident to the building supervisor immediately, seek prompt medical attention, and maintain comprehensive records of all related expenses and communications. These steps are crucial for establishing liability and ensuring maximum compensation within the statutory limits.

Related case law

University of Nevada v. Tarkanian

• Citation: 109 S. Ct. 454 (1988)
• Impact: Clarified scope of state immunity in relation to federal claims

Martinez v. Maruszczak

• Citation: 123 Nev. 433 (2007)
• Impact: Established standards for discretionary immunity exceptions

Frequently asked questions about waiver of sovereign immunity

How long do I have to file a claim against a Nevada government entity?

Under Nevada law, you must file your claim within two years of the incident. However, you are also required to provide notice of your claim within six months, as specified under NRS 41.036.

Are there limits on how much I can recover from the state?

Yes, Nevada law limits the maximum recovery amount to $100,000 per cause of action under NRS 41.035, regardless of the extent of damages suffered.

Can I sue individual government employees?

Individual government employees are generally protected from personal liability while performing their official duties. However, you may be able to sue an employee personally if you can prove they engaged in willful misconduct or acted outside the scope of their employment.

Related statutes

• NRS 41.032 – Conditions and Limitations on Actions: Defines exceptions to sovereign immunity waiver
• NRS 41.035 – Limitation on Award for Damages: Sets $100,000 maximum recovery cap
• NRS 41.036 – Filing Requirements: Establishes 6-month notice and 2-year filing deadlines