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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 business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.