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In Nevada, the elements for a claim of negligent hiring, retention, and supervision are:

  1. Employer had a duty to protect plaintiff from harm resulting from its employment of the tortfeasor;
  2. Employer breached that duty by hiring, retaining, failing to train, supervise, or discipline the tortfeasor;
  3. Proximate cause; and
  4. Causation and damages.

Nurse v. U.S., 226 F.3d 99 (9th Cir. 2000); Blanck v. Hager, 360 F. Supp. 2d 137, 157 (2005); Goodrich and Pennington Mortgage Fund, Inc. v. RJ Woolard, Inc., 120 Nev. 777 (2004);  Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, 1226-27, 925 P.2d 175, 1181 (1996); Harrigan v. City of Reno, 86 Nev. 678, 475 P.2d 94 (Nev. 1970); Amen v. Mercede Cty. Title Co., 58 Cal. 2d 528 (1962); Rianda v. Sand Benito Title Guar. Co., 35 Cal. 2d 170 (1950).

 

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.