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

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, 1356; 1987, 1697; 1989, 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

Related case law

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.

Related statutes

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