SB363
AN ACT relating to civil actions; removing and repealing provisions relating to vicarious liability; revising provisions governing comparative negligence; requiring a trier of fact to consider the fault of all persons, including persons not named as a party, in an action to recover damages for death or injury to persons or for injury to property; authorizing the admission of certain evidence in certain civil actions; limiting the amount of medical expenses recoverable as damages in certain civil actions; limiting the amount of fees that a private attorney or representative may receive in proceedings under the Nevada Industrial Insurance Act; and providing other matters properly relating thereto. Close title AN ACT relating to civil actions; removing and repealing provisions relating to vicarious liability; revising provisions governing comparative negligence; requiring a trier of fact to consider the fault of all persons, including persons not named as a party, in an action to recover damages for death or injury to persons or for injury to property; authorizing the admission of certain evidence in certain civil actions; limiting the amount of medical expenses recoverable as damages in certain civil actions; limiting the amount of fees that a private attorney or representative may receive in proceedings under the Nevada Industrial Insurance Act; and providing other matters properly relating thereto.
Introduction Date
Monday, March 17, 2025
Primary Sponsor
View 1 Primary Sponsors Close Primary Sponsors Senator Ira H
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AN ACT relating to civil actions; removing and repealing provisions relating to vicarious liability; revising provisions
A common law doctrine, known as “vicarious liability,” generally provides that a principal party is responsible for the actions of the agent of the principal. Existing law provides: (1) whenever any person suffers personal injury by wrongful act, neglect or default of another, the person causing the injury is liable to the person injured for damages; and (2) with certain exceptions, where the person causing the injury is employed by another person or corporation responsible for the conduct of the person causing the injury, the other person or corporation is liable to the person injured for damages. (NRS 41.130) Section 2 of this bill instead provides that only the person causing the injury is liable to the person injured and removes the provisions of existing law providing for liability on the employer for the actions of the person who caused the injury. Section 10 of this bill repeals the existing provisions of law which set forth certain limitations on the liability of the employer, and section 1 of this bill makes a conforming change to remove a reference to the provisions repealed by section 10. Existing law provides that in any action to recover damages for death or injury to persons or property where comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff's decedent does not bar recovery if that negligence was not greater than the negligence or gross negligence of the parties against whom recovery is sought. If t
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