Month: January 2016

Elements for the Claim of Negligent Hiring, Retention, and Supervision in Nevada

January 28, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of negligent hiring, retention, and supervision are: Employer had a duty to protect plaintiff from harm resulting from its employment of the tortfeasor; Employer breached that duty by hiring, retaining, failing to train, supervise, or discipline the tortfeasor; Proximate cause; and Causation and damages. Nurse v. U.S., 226…

Elements for the Claim of Negligence Per Se in Nevada

January 21, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a claim of negligence per se, or negligence for violation of a statute, are: Defendant had duty to exercise due care with respect to plaintiff as is defined by a statute or administrative regulation; Plaintiff was of the class of persons the statute or regulation was designed to protect; Defendant…

J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Elements for the Claim of Gross Negligence in Nevada

January 14, 2016January 9, 2024 Jay Young No Comments

In Nevada, the elements for a civil claim of gross negligence are: Defendant owed a duty of care to plaintiff; Defendant breached that duty, failing to exercise even the slightest degree of care; Defendant engaged in an act or omission respecting legal duty of an aggravated character, or with willful, wanton misconduct; The breach was…

J, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Comparative Negligence in Nevada

January 7, 2016 Jay Young No Comments

In Nevada, if a plaintiff’s negligence is greater than sum of defendants’ negligence or the plaintiff acted with gross negligence, plaintiff can have no recovery; otherwise, damages are diminished in proportion to the plaintiff’s fault. This is known as comparative negligence. NRS 41.141. Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades…