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In Nevada, the elements for a claim of negligent infliction of emotional distress are:

  1. Defendant acted in a negligent manner, causing an accident or injury of another;
  2. Plaintiff witnesses the accident;
  3. Plaintiff is closely related to the victim of the accident;
  4. Plaintiff suffered emotional or physical distress by witnessing the accident while it happened; and
  5. Proximate cause and damages.

Boorman v. Nevada Mem’l Cremation Soc’y, 236 P.3d 4, 8 (Nev. 2010); Luckett v. Doumani, 121 Nev. 44, 110 P.3d 30 (2005); Grotts v. Zahner, 115 Nev. 339, 342, 989 P.2d 415, 417 (1999); Shoen v. Amerco, Inc., 111 Nev. 735, 748, 896 P.2d 469, 477 (1995); Chowdhry v. NLVH, Inc., 109 Nev. 478, 851 P.2d 459 (1993);  State v. Hill, 114 Nev. 810, 963 P.2d 480 (1998); State v. Eaton, 710 P. 2d 1370 (Nev. 1985); Paugh v. Hanks, 451 N.E.2d 759, 767 (Ohio 1983).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of negligent entrustment are:

  1. Defendant leaves an object, such as an automobile or firearm, with another person;
  2. Defendant knows or should know the person with whom the defendant left the object is inexperienced and/or incompetent to use the object and a person who could use the object to harm others;
  3. The person entrusted with the object uses it in a negligent fashion, harming another; and
  4. Damages.

Nurse v. U.S., 226 F.3d 99 (9th Cir. 2000); Hall v. Enter. Leasing Company-West, 122 Nev. 685, 137 P.3d 1104 (Nev. 2006); Zugel v. Miller, 100 Nev. 525, 688 P.2d 310 (1984); McCart v. Muir, 230 Kan. 618, 641 P.2d 384 (1982); Mills v. Continental Parking Corp., 86 Nev. 724, 725-26, 475 P.2d 673, 674 (Nev. 1970); Wiggins v. Hughes Tool Co., 87 Nev. 190, 193-94 484 P.2d 566, 568-69 (Nev. 1971); 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 643-45 (1980).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of elder abuse are:

  1. A person over the age of 60 years or is vulnerable as defined by NRS 41.1395 (physical or mental impairment);
  2. Suffers a personal injury or death caused by abuse or neglect, as defined by NRS 41.1395;
  3. Suffers a loss of money or property by reason of their exploitation by another;
  4. The defendant knows or has reason to know that the plaintiff is elderly or vulnerable;
  5. Double actual damages; and
  6. If the defendant acted with recklessness, oppression, fraud or malice, the plaintiff shall be entitled to an award of attorney fees and costs of the suit.

NRS 41.1395; DeRuise v. Progressive Cas. Ins. Co. Inc., 3:11-CV-00136-ECR, 2011 WL 3651297 (D. Nev. Aug. 17, 2011).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of negligent hiring, retention, and supervision are:

  1. Employer had a duty to protect plaintiff from harm resulting from its employment of the tortfeasor;
  2. Employer breached that duty by hiring, retaining, failing to train, supervise, or discipline the tortfeasor;
  3. Proximate cause; and
  4. Causation and damages.

Nurse v. U.S., 226 F.3d 99 (9th Cir. 2000); Blanck v. Hager, 360 F. Supp. 2d 137, 157 (2005); Goodrich and Pennington Mortgage Fund, Inc. v. RJ Woolard, Inc., 120 Nev. 777 (2004);  Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, 1226-27, 925 P.2d 175, 1181 (1996); Harrigan v. City of Reno, 86 Nev. 678, 475 P.2d 94 (Nev. 1970); Amen v. Mercede Cty. Title Co., 58 Cal. 2d 528 (1962); Rianda v. Sand Benito Title Guar. Co., 35 Cal. 2d 170 (1950).

 

See elements for other claims at the Nevada Law Library

In Nevada, the elements for a claim of negligence per se are:

  1. Defendant had duty to exercise due care with respect to plaintiff as is defined by a statute or administrative regulation;
  2. Plaintiff was of the class of persons the statute or regulation was designed to protect;
  3. Defendant breached the duty by violating the statute or regulation, which constitutes negligence as a matter of law; and
  4. Causation and damages.

NEVADA JURY INSTRUCTIONS 4.12; NEVADA JURY INSTRUCTIONS 4.13; Atkinson v. MGM Grand Hotel, Inc., 98 P.3d 678, 680 (Nev. 2004); Scialabba v. Brandise Constr. Co., 12 Nev. 965, 968 (1996); Joynt v. California Hotel and Casino, 108 Nev. 539, 542 (1992); Sagebrush Ltd. v. Carson City, 99 Nev. 204, 208, 660 P.2d 1013, 1015 (1983); Seim v. Garavalia, 306 N.W.2d 806 (1981); Bearden v. City of Boulder City, 89 Nev. 106, 507 P.2d 1034 (Nev. 1973); Restatement (Second) of Torts § 286.

 

See elements for other claims at the Nevada Law Library

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