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.463 may commence an action for the recovery of his actual damages, costs and reasonable attorney’s fees and for any punitive damages that the facts may warrant.
2. An action described in subsection 1 must be commenced not later than 2 years after the person who suffered the injury discovers the facts constituting the violation of the provisions of NRS 205.463.
(Added to NRS by 1999, 1346)
NRS 41.135 Liability of victims of certain crimes limited for injuries to offender. A person who is convicted of committing or attempting to commit:
1. A felony;
2. An act that would have been a felony if committed by an adult; or
3. A misdemeanor or gross misdemeanor that constitutes domestic violence pursuant to NRS 33.018,
may not bring an action against the victim or the estate of the victim for injuries sustained by the offender or damage to property of the offender that occurred during the course of the crime or delinquent act.
(Added to NRS by 1985, 968; A 1989, 1453; 1997, 2, 1811)
NRS 41.139 Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property; employer not liable.
1. Except as otherwise provided in subsection 2, a peace officer, firefighter or emergency medical attendant may bring and maintain an action for damages for personal injury caused by the willful act of another, or by another’s lack of ordinary care or skill in the management of his property, if the conduct causing the injury:
(a) Occurred after the person who caused the injury knew or should have known of the presence of the peace officer, firefighter or emergency medical attendant;
(b) Was intended to injure the peace officer, firefighter or emergency medical attendant;
(c) Violated a statute, ordinance or regulation:
(1) Intended to protect the peace officer, firefighter or emergency medical attendant; or
(2) Prohibiting resistance to or requiring compliance with an order of a peace officer or firefighter; or
(d) Was arson.
2. This section does not impose liability on the employer of the peace officer, firefighter or emergency medical attendant.
3. As used in this section:
(a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.
(b) “Peace officer” has the meaning ascribed to it in NRS 169.125.
(Added to NRS by 1985, 151; A 1991, 457; 2005, 317)
NRS 41.1393 Discharge of duty to warn trespasser against dangerous condition. In any case where there is a duty to warn a trespasser against a dangerous condition of the premises, that duty is discharged by painting, at intervals of not more than 200 feet on each side of the premises, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint.
(Added to NRS by 1987, 2087)
NRS 41.1395 Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation; double damages; attorney’s fees and costs.
1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney’s fees and costs of the person who initiated the lawsuit.
3. The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if he did not know or have reason to know that the harmed person was a vulnerable person.
4. For the purposes of this section:
(a) “Abuse” means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.
(b) “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property; or
(2) Convert money, assets or property of the older person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property.
As used in this paragraph, “undue influence” does not include the normal influence that one member of a family has over another.
(c) “Neglect” means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for his care, to provide food, shelter, clothing or services within the scope of his responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person. For the purposes of this paragraph, a person voluntarily assumes responsibility to provide care for an older or vulnerable person only to the extent that he has expressly acknowledged his responsibility to provide such care.
(d) “Older person” means a person who is 60 years of age or older.
(e) “Vulnerable person” means a person who:
(1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
The term includes, without limitation, a person who is mentally retarded, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.
(Added to NRS by 1997, 3344; A 2003, 492)
NRS 41.1397 Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus. An owner of a house of prostitution, the person who operates the house or his agent who employs or continues to employ a prostitute after he knows or should know that the prostitute has tested positive in a test approved by regulation of the State Board of Health for exposure to the human immunodeficiency virus, is liable for any damages caused to a person exposed to the virus as a result of the employment.
(Added to NRS by 1987, 2028)
NRS 41.1398 Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault. A person who has suffered injury as the proximate result of a violation of the provisions of NRS 200.3771 to 200.3774, inclusive, may bring an action for the recovery of his actual damages and any punitive damages which the facts may warrant.
(Added to NRS by 1993, 2478)
COMPARATIVE NEGLIGENCE
NRS 41.141 When comparative negligence not bar to recovery; jury instructions; liabilit
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