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In Nevada, the elements for a claim of professional negligence or malpractice (not including medical malpractice) are:

  1. Defendant owes plaintiff duty to exercise due care toward plaintiff;
  2. Defendant had a heightened duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise
  3. Defendant breached the duty of care;
  4. That breach caused harm to plaintiff; and
  5. Plaintiff was damaged by breach.

Clark v. Robison, 113 Nev. 949, 951, 944 P.2d 788, 790 (1997); Morgano v. Smith, 110 Nev. 1025, 1028, n.2, 879 P.2d 735, 737 (1994); Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 4, 805 P.2d 589 (1991); Bank of Nevada v. Butler Aviation-O’Hare, Inc., 96 Nev. 763, 765, 663 P.2d 398, 399 (1980); Restatement (Second) of Torts, § 562 (1977); NRS 41A.015; Terracon Consultants W., Inc. v. Mandalay Resort Gp., 125 Nev. 66, 206 P.3d 81 (2009)(economic loss doctrine prevents tort suit against engineers and architects, but not attorneys, accountants, real estate professionals, and insurance brokers) (citing Goodrich & Pennington v. J.R. Woolard, 120 Nev. 777, 101 P.3d 792 (2004)); Hewitt v. Allen, 118 Nev. 216, 43 P.3d 345 (2002); Choi v. Chase Manhattan Mortg. Co., 63 F. Supp. 2d 874, 883-85 (N.D. Ill. 1999); 2314 Lincoln Park W. Condo. v. Mann, 136 Ill.2d 302, 144 Ill. Dec. 227, 555 N.E.2d 346, 353 (1990)).

 

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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