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In Nevada, vicarious liability (respondeat superior) is a derivative action based on some status relationship between the accused and a primary tortfeasor, such as an employer-employee situation.

  1. A tortfeasor is employed by the defendant;
  2. The Tortfeasor was under the defendant’s control and acting in the scope of the tortfeasor’s employment at the time the tort was committed;
  3. Relationship of the parties is of superior and subordinate, where the tortfeasor is subject to the control of the defendant; and
  4. Proximate cause and damages.

N.R.S. 41.130; NRS 41.745; Wood v. Safeway, Inc., 121 Nev. 724 (2005); Kornton v. Conrad, Inc., 119 Nev. 123, 67 P.3d 316 (2003); Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, (1996); Batt v. State, 111 Nev. 1127, 901 P.2d 664, 667n.6 (1995); Evans v. Southwest Gas, 108 Nev. 1002, 842 P.2d 719 (1992); Nat’l Convenience Stores v. Fantauzzi, 94 Nev. 655, 657, 584 P.2d 689, 691 (1978); Prell Hotel Corp. v. Antonacci, 86 Nev. 390, (1970).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.