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 the legal cause of plaintiff’s injuries; and
- Plaintiff suffered Causation and damages.
Gross negligence is substantially and appreciably higher in magnitude and more culpable than ordinary negligence. Gross negligence is equivalent to the failure to exercise even a slight degree of care. It is materially more want of care than constitutes simple inadvertence. It is an act or omission respecting legal duty of an aggravated character, as distinguished from a mere failure to exercise ordinary care. It is very great negligence, or the absence of slight diligence, or the want of even scant care. NEVADA JURY INSTRUCTIONS 6.21; Bearden v. Boulder City, 89 Nev. 106, 507 P.2d 1034 (Nev. 1973).
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.