Las Vegas - serving Nevada
24/7 offices
Downtown office

400 S 7th St, Ste 490, Las Vegas, NV 89101

Map directions
NO WIN,
NO FEES
Free consultaton
Las Vegas - serving Nevada
24/7 offices
Downtown office

400 S 7th St, Ste 490, Las Vegas, NV 89101

Map directions

NRS 41.130 Actions For Personal Injuries by Wrongful Act, Neglect or Default

Nevada Revised Statute: Chapter 41 Subchapter 130 Liability for personal injury.

Posted Dec 26, 2024 by Wooldridge Law Injury Lawyers |

NRS 41.130 actions for personal injuries by wrongful act, neglect or default (Nevada definition)

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)

(Added to NRS by 1973, 1722; A 1979, 13561987, 16971989, 72)

Overview of NRS 41.130

NRS 41.130 establishes the fundamental basis for personal injury liability in Nevada. This statute codifies the legal principle that individuals who cause injury to others through wrongful acts, neglect, or default are liable for damages. Additionally, it extends liability to employers when their employees cause injuries while acting within the scope of employment.

Key elements of the statute

Personal Injury Liability

  • Primary Aspect: Direct liability for causing injury
  • Description: Any person who causes injury to another through wrongful act, neglect, or default becomes legally liable
  • Impact: Provides the legal foundation for personal injury claims in Nevada

Employer Liability

  • Primary Aspect: Vicarious liability
  • Description: Employers can be held responsible for injuries caused by their employees
  • Impact: Extends liability to businesses and corporations, ensuring greater financial recovery potential for injured parties

Practical application

Example 1: Auto Accident

  • Scenario: A delivery driver hits a pedestrian while making deliveries
  • Result: Both the driver and their employer can be held liable
  • Impact: Allows injured party to seek compensation from both the employee and the company’s insurance

Example 2: Workplace Injury

  • Scenario: A contractor’s negligence injures a customer at a business
  • Result: Both the contractor and the hiring business may face liability
  • Impact: Provides multiple avenues for recovery of damages

Rockwell v. Sun Harbor Budget Suites

  • Citation: 112 Nev. 1217 (1996)
  • Decision: Clarified scope of employer liability for employee actions
  • Impact: Established clear standards for vicarious liability in Nevada

Wood v. Safeway, Inc.

  • Citation: 121 Nev. 724 (2005)
  • Decision: Defined parameters of employer liability for third-party actions
  • Impact: Refined understanding of business liability for contractor actions

Frequently asked questions about actions for personal injuries by wrongful act, neglect or default (NRS 41.130)

Who can be sued for personal injuries in Nevada?

Under NRS 41.130, both the person who directly caused the injury and their employer (if the injury occurred during employment) can be sued for damages.

Is there a time limit to file a personal injury lawsuit in Nevada?

Yes, Nevada’s statute of limitations (NRS 11.190) generally allows two years from the date of injury to file a personal injury lawsuit.

NRS 41.745

  • Name: Liability of employer for intentional conduct of employee
  • Relation: Provides exceptions to employer liability for employee actions

NRS 11.190

  • Name: Limitations other than real property
  • Relation: Establishes time limits for filing personal injury claims

NRS 41.141

  • Name: Comparative negligence
  • Relation: Affects how damages are calculated when multiple parties share fault

Understanding NRS 41.130 is crucial for anyone involved in a personal injury case in Nevada. If you’ve been injured due to someone else’s negligence, it’s essential to consult with an experienced Nevada personal injury attorney who can help you navigate this complex legal landscape.

Explore Our Practice Areas

Las Vegas personal injury lawyers

Comprehensive personal injury representation for a range of accident-related injuries, ensuring personalized legal support every step of the way.

Las Vegas car accident lawyers

Expert legal representation for car accident victims, securing fair compensation for injuries, lost wages, and medical expenses.

Las Vegas truck accident lawyers

Focused on truck accident cases, our skilled attorneys work tirelessly to secure maximum compensation for severe injuries and associated losses.

Las Vegas motorcycle accident lawyers

Dedicated to protecting injured motorcyclists, our team fights to recover the full compensation you deserve for your injuries and losses.

Las Vegas slip and fall attorney

If you’ve been injured in a slip and fall, our experienced attorneys are here to help you claim damages and protect your rights.

Las Vegas sexual assault lawyers

Providing sensitive, experienced legal support for sexual assault survivors, ensuring compassionate representation and dedicated pursuit of justice.

Las Vegas bus accident lawyers

Specialized legal guidance after bus accidents, helping you navigate complex liability issues and obtain the support you need for recovery.

Results & track record

4,000+
cases resolved

4,400+
clients represented

99.9%
client satisfaction

$Millions
recovered

Highest-rated PI firm in Las Vegas, Nevada

Wooldridge Law Injury Lawyers proudly serves clients throughout the State of Nevada.
We prioritize client satisfaction from the first consultation to the final case resolution. And our Las Vegas personal injury attorneys have earned 5-star client satisfaction, with glowing testimonials from injured clients across Nevada.

Client Testimonials

Read all of our 5-star personal injury attorney client reviews and testimonials

Quote

Best personal injury attorney. Zackary was very helpful settling my claim for my car accident and help me with the whole process.

★★★★★ Mark S.

Quote

I was hurt in a bad car accident and I needed help dealing with the insurance company. I was referred to Zachary by a friend and all I have to say is, wow! Zack treated me like family and really took care of me. I was able to get my car fixed and all my medical expenses covered. Thank you so much to everyone at Wooldridge Law injury lawyers!

★★★★★ Dynasty W.

Quote

Being involved in a car accident is a very traumatic experience. Luckily I had the best attorney that was attentive. Nicholas and Zachary helped guide me through the process, they explain things very thorough which made everything super easy. I definitely recommend them and have recommended many friends and family to their office.

★★★★★ Leslie C. Google Review

Awards & Associations - Las Vegas, NV personal injury law firm

The Las Vegas, NV personal injury attorneys at Wooldridge Law Injury Lawyers have received numerous awards for excellence in personal injury law. We are dedicated to helping injury victims pursue fair compensation for medical bills, serious injuries, and property damage. Our esteemed affiliations reflect our commitment to the highest standards of legal representation.

Super Lawyers 2025 Award Seal to Nicholas Wooldridge
AV Preeminent Martindale-Hubbell Lawyer Ratings Award
Expertise.com Best Wrongful Death Lawyers in las Vegas 2025 Awards Seal
The National Trial Lawyers Top 100 Trial Lawyers Award
Thomson Reuters Lead Counsel Verification
Better Business Bureau A Rating Award
Nevada Justice Association
Seal Avvo Rating 10.0 Super Top Rated Personal Injury Award
Super Lawyers Rising Stars 2018 Award
Expertise.com Best Car Accident Lawyers in las Vegas 2020 Award

Las Vegas office

Location
400 S 7th St, Ste 490, Las Vegas, NV 89101 View On Google Maps
Phone

Phone: (702) 867-8900 | Fax: (702) 359-8494

Office hours

Clock

Monday - Sunday | Open 24 hours

DISCLAIMER: The information on this website is for general information only and not formal legal advice. Contacting us does not create an attorney-client relationship until formal engagement is completed. Past results highlighted on this site are specific to each client's unique circumstances and do not guarantee, warrant, or predict similar outcomes in future cases.