In Nevada, the elements for a claim of negligence are:
- Defendant owed a duty of care to plaintiff;
- Defendant breached that duty;
- The breach was the legal cause of plaintiff’s injuries; and
- 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