p, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are not liable for any debt of the decedent. 5. The damages recoverable by the personal representatives of a decedent on behalf of his estate include: (a) Any special damages, such as medical expenses, which the decedent incurred or sustained before his death, and funeral expenses; and (b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if he had lived, but do not include damages for pain, suffering or disfigurement of the decedent. The proceeds of any judgment for damages awarded under this subsection are liable for the debts of the decedent unless exempted by law. (Added to NRS by 1979, 458; A 1995, 2667; 1999, 1354) LIABILITY OF PERSON WHO USES DEADLY FORCE AGAINST INTRUDER IN RESIDENCE NRS 41.095 Presumption that person using deadly force against intruder in his residence has reasonable fear of death or bodily injury; “residence” defined. 1. For the purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his residence or in transient lodging, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or another person lawfully in the residence or transient lodging if the force is used against a person who is committing burglary or invasion of the home and the person using the force knew or had reason to believe that burglary or invasion of the home was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary. 2. As used in this section, “residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence. (Added to NRS by 1989, 1798) SURVIVAL OF CAUSES OF ACTION NRS 41.100 Cause of action not lost by reason of death; damages; recovery for loss arising out of unfair practice regarding policy of life insurance; subrogation. 1. Except as otherwise provided in this section and NRS 179A.230, no cause of action is lost by reason of the death of any person, but may be maintained by or against his executor or administrator. 2. In an action against an executor or administrator, any damages may be awarded which would have been recovered against the decedent if he had lived, except damages awardable under NRS 42.005 or 42.010 or other damages imposed primarily for the sake of example or to punish the defendant. 3. Except as otherwise provided in this subsection, when a person who has a cause of action dies before judgment, the damages recoverable by his executor or administrator include all losses or damages which the decedent incurred or sustained before his death, including any penalties or punitive and exemplary damages which the decedent would have recovered if he had lived, and damages for pain, suffering or disfigurement and loss of probable support, companionship, society, comfort and consortium. This subsection does not apply to the cause of action of a decedent brought by his personal representatives for his wrongful death. 4. The executor or administrator of the estate of a person insured under a policy of life insurance may recover on behalf of the estate any loss, including, without limitation, consequential damages and attorney’s fees, arising out of the commission of an act that constitutes an unfair practice pursuant to subsection 1 of NRS 686A.310. 5. This section does not prevent subrogation suits under the terms and conditions of an uninsured motorists’ provision of an insurance policy. [1:21:1937; 1931 NCL § 240.01]—(NRS A 1960, 322; 1967, 408; 1969, 285; 1979, 458; 1987, 1768; 1989, 485; 1997, 227) ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT NRS 41.130 Liability for personal injury. Except as otherwise provided in NRS 41.745, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and where the person causing the injury is employed by another person or corporation responsible for his conduct, that person or corporation so responsible is liable to the person injured for damages. [1911 CPA § 707; RL § 5649; NCL § 9196]—(NRS A 1997, 1357) NRS 41.1305 Limitation on liability of person who serves or sells alcoholic beverages for injury inflicted by intoxicated person. 1. No person who serves or sells alcoholic beverages is liable in a civil action based on the grounds that the service or sale was the proximate cause of injuries inflicted by an intoxicated person upon himself or another person. 2. The violation of any statute, regulation or ordinance which regulates the sale or service of alcoholic beverages to a minor or an intoxicated person does not constitute negligence per se in any action brought against the server or seller for injuries inflicted by an intoxicated person upon himself or another person. (Added to NRS by 1995, 2667) NRS 41.131 Limitation on basis of liability of manufacturers and distributors of firearms and ammunition. 1. No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law. 2. This section does not affect a cause of action based upon a defect in design or production. The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design. (Added to NRS by 1985, 1469) NRS 41.1315 Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way. No person who owns property is liable in a civil action for any injury or damage that occurs as a result of the use of a sidewalk in a public right-of-way that abuts his property, unless he: 1. Failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of NRS 278.02313; or 2. Created a dangerous condition that caused the injury or damage. (Added to NRS by 2003, 1738) NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. (Added to NRS by 1985, 968) NRS 41.134 Action for damages for injuries resulting from acts of domestic violence; award of costs and attorney’s fees to injured person. A person who has suffered injury as the proximate result of an act that constitutes domestic violence pursuant to NRS 33.018 may bring an action to recover for his actual damages, including, without limitation, damage to any real or personal property. If the person who suffered injury prevails in such an action, the court shall award him costs and reasonable attorney’s fees. (Added to NRS by 1997, 1811) NRS 41.1345 Action for damages for injuries resulting from unlawful use of personal identifying information; award of costs and attorney’s fees to injured person; punitive damages; limitation on time for commencement of action. 1. A person who has suffered injury as the proximate result of a violation of the provisions of NRS 205

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