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

  1. Defendant owed a duty of care to plaintiff;
  2. Defendant breached that duty;
  3. The breach was the legal cause of plaintiff’s injuries; and
  4. Plaintiff suffered damages.

Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008); Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996); Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 4, 805 P.2d 589 (1991).  Negligence is the failure to exercise that degree of care which an ordinarily careful and prudent person would exercise under the same or similar circumstances.  NEVADA JURY INSTRUCTIONS 4.02; NEVADA JURY INSTRUCTIONS 4.03; BAJI 3.10.

 

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.