By

Nevada Jury Instructions

WHEN THIRD PARTY’S INTERVENING NEGLIGENCE IS NOT A SUPERSEDING CAUSE

If you find that defendant [(first actor)] was negligent and that his negligence was a substantial factor in bringing about an injury to the plaintiff but that the immediate cause of the injury was the negligent conduct of [ a third person] [defendant (second actor)], the defendant [(first actor)] is not relieved of liability for such injury if:

  1. At the time of his conduct defendant [(first actor)] realized or reasonably should have realized that [a third person] [defendant (second actor)] might act as he did; [or the risk of harm suffered was reasonably foreseeable]; or
  1. A reasonable person knowing the situation existing at the time of the conduct of the [third person] [defendant (second actor)] would not have regarded it as highly extraordinary that the [third person] [defendant (second actor)] had so acted; or
  1. The conduct of the [third person] [defendant (second actor)] was not extraordinarily negligent and was a normal consequence of the situation created by defendant [(first actor)].

NEV. J.I. 4.06

BAJI 3.79

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.