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In Nevada, the elements for a claim of negligence per se, or negligence for violation of a statute, 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

About the Author

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. Please see http://nevadalaw.info/disclaimer

 

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