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NRS 455.010 Erection of fence or other safeguard around excavation, hole or shaft required. Any person or persons, company or corporation, who shall dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations.
[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]
Nevada Revised Statutes (NRS) Chapter 455, Section 010

Plain English Explanation

Under Nevada law, anytime you create or own an open excavation, like a pit, hole, shaft, or well, you must keep it fenced or guarded both while work is happening and after you’ve stopped using it. That barrier needs to be sturdy enough and maintained so that people or animals cannot accidentally fall in.

In practice, this means if you dig into the ground for any purpose, you cannot leave that hole unprotected. You’re responsible for surrounding it with a fence or guard until the pit is filled or safely covered. Failing to do so can lead to legal trouble because leaving an open hole without proper protection creates a serious hazard.

Overview of NRS 455.010

Nevada Revised Statute 455.010 mandates that any individual or entity involved in creating, owning, or possessing an excavation in Nevada must erect and maintain substantial fences or other safeguards around the site. This law is applicable during active work and continues even after the work has ceased or the site has been abandoned. The primary goal is to secure the area against dangers to people and animals, thus preventing accidents.

The law serves the following purposes:

To protect the public and animals from injuries caused by unsecured excavations, holes, or shafts.
To create a legal duty for property owners and operators to safeguard excavation sites, making them liable for injuries resulting from non-compliance.

The statute was originally enacted in 1866 and is updated through 2023, applying throughout the State of Nevada.

Key elements of the statute

Mandatory Safeguarding of Excavations

All involved parties must erect “good and substantial” barriers around excavations to prevent falls. This duty persists during and after excavation activities. Inadequate safeguarding that leads to injuries can result in negligence claims.

Applicability to All Parties Involved

The statute holds creators, owners, and lessees of excavations accountable, thus expanding the list of potential defendants in injury lawsuits. This broadens the opportunities for victims to receive compensation.

Coverage of All Types of Excavations

The safeguarding requirement extends to excavations for any purpose, not just mining. This broadens the circumstances under which injured parties can seek legal recourse.

Practical application

Scenario 1: Construction Site Accident

A Las Vegas construction company fails to fence off a trench for utility installation. A passerby falls into the trench at night and suffers serious injuries. Under NRS 455.010, the company could be held liable for failing to secure the excavation site, highlighting the importance of adhering to safety statutes.

Scenario 2: Abandoned Mine Shaft Accident

An abandoned mine shaft on private property in rural Nevada is left unfenced. An off-road motorcyclist rides into it and is fatally injured. The property owner might face a wrongful death lawsuit for neglecting the duty to safeguard under NRS 455.010, demonstrating that liability continues even when the site is abandoned.

Breslow v. City of Reno

The Nevada Supreme Court ruled that municipalities could be held liable for injuries resulting from unsafe conditions if they failed to act within their duty of care. This case underlines that both public and private entities must comply with NRS 455.010.

Foster v. Costco Wholesale Corp.

This case determined that businesses must keep premises safe and can be liable for injuries from foreseeable hazards, supporting the application of NRS 455.010 in commercial settings.

Frequently asked questions about control of access (NRS 455.010)

Who is liable if someone falls into an unfenced excavation on private property?

The person or entity responsible for the excavation—including owners and lessees—is liable for failing to erect safeguards.

Does the statute apply to small holes dug for landscaping?

Yes, NRS 455.010 applies to any excavation that poses a danger to persons or animals, regardless of its purpose or size.

Are there penalties for not complying with NRS 455.010 besides civil liability?

Yes, failure to comply can result in civil liability for damages and potential criminal penalties under related statutes like NRS 455.020.

NRS 455.020 – Penalty for Failure to Fence or Safeguard Excavations
NRS 455.030 – Additional Safeguards for Openings Near Highways
NRS 41.505 – Liability of Persons Owning or Controlling Premises for Injuries to Trespassers

Understanding your rights under NRS 455.010 is crucial if you or a loved one has been injured due to an unsecured excavation or hole in Nevada. Contact our experienced Nevada personal injury attorneys to explore your legal options and seek the compensation you deserve. We serve clients throughout Nevada, including Las Vegas, Reno, and rural areas.