Elements for a Claim of Respondeat Superior

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

Published by

Jay Young, Mediator and Arbitrator

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator. Mr. Young can be reached at 702.667.4868 or at jay@h2law.com. The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by Jay Young. Please see http://nevadalaw.info/disclaimer

Leave a Reply