Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
In Nevada, the elements for a claim strict product liability are: That the product was defective; That the defect existed when the product left the defendant’s possession; That the product was used in a manner which was reasonably foreseeable by the defendant; and That the defect was a cause of the damage or injury to…
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In Nevada, all questions of statutory construction must start with the language of the statute itself. See 2A Norman J. Singer & J.D. Shambie Singer, Statutes and Statutory Construction § 47:1, at 274–75 (7th ed. 2007) (“The starting point in statutory construction is to read and examine the text of the act and draw inferences…
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In Nevada, the elements of a wrongful death claim are: The death of a human being; Caused by another’s wrongful act or negligence; Plaintiff is an heir or personal representative of decedent; and Plaintiff suffered damages for monetary injury as a result of the death. NRS 41.085; NEVADA JURY INSTRUCTIONS 10.13; NEVADA JURY INSTRUCTIONS 10.14;…
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In Nevada, in order to collect attorney fees as special damages, one must plead and prove: Plead that they are entitled to collect attorney fees as special damages in the complaint pursuant to NRCP 9(g); Must plead and prove that fees are a “natural and proximate consequence of the injurious conduct”; and Must prove fees…
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In Nevada, the elements for a claim waste are: Defendant commits or permits an act constituting waste to property at a time when Defendant is rightfully in possession of property; Defendant’s act cause permanent or lasting injury done to the property, to the prejudice of another who has an interest in the property; and Plaintiff…
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In Nevada, the elements for a claim of bad faith discharge, tortious discharge, or wrongful discharge, are: Enforceable contract of employment (even for an indefinite period of future employment); Special relationship between the tortfeasor and the tort victim (i.e., a relationship of trust and special reliance); Employer acts in bad faith; conduct must go well…
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