reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.0395 - Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

1. A person from whom a firearm is confiscated in violation of NRS 414.155 may seek relief in a suit, action or other proceeding at law or in equity, including, without limitation, an action for the return of the firearm, against:
(a) The State of Nevada or a political subdivision thereof; and
(b) The officer or employee of the State or a political subdivision thereof or worker who confiscated or authorized the confiscation of the firearm.
2. The proceeding may be commenced in a court of competent jurisdiction in the county in which:
(a) The person bringing the proceeding resides; or
(b) The firearm may be found.
3. If a person who brings a proceeding pursuant to this section prevails, the court shall award the person, in addition to any other remedy provided by law, reasonable attorney’s fees and costs.
4. As used in this section:
(a) "Firearm" has the meaning ascribed to it in NRS 414.0355.
(b) "Worker" has the meaning ascribed to it in NRS 414.110.
(Added to NRS by 2007, 359)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.040 - Appointment and bond of elisor.

Process and orders in an action or proceeding may be executed in any county by a person designated by the court or the judge thereof of the county in which the action or proceeding is pending, and denominated an elisor, in the following cases:
1. When the sheriff is a party.
2. When there is a vacancy in the office of sheriff.
3. When it shall be made to appear by affidavit to the satisfaction of the court in which the suit or proceeding is pending, or the judge thereof, that the sheriff, by reason of any bias, prejudice or other cause, would not act promptly or impartially. The court or judge may require such person so appointed to give a bond with sufficient security, in such amount and with such condition, to the person to be served, as the court or judge may deem necessary to secure the rights of the party.
[1911 CPA § 553; RL § 5495; NCL § 9042]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.050 - Execution of process by elisor.

When process is delivered to an elisor, the elisor shall execute it in the same manner as the sheriff is required to execute similar process in other cases.
[1911 CPA § 554; RL § 5496; NCL § 9043]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.060 - Arrest and confinement of sheriff in a civil action.

If the sheriff, on being arrested by an elisor, or if another, on being arrested in an action in which the sheriff is a party, upon an order of arrest in a civil action, neglect to give bail or make a deposit of money instead thereof, or if he or she be arrested on execution against his or her body, or on a warrant of attachment, he or she shall be confined in a house other than the house of the sheriff or the county jail, in the same manner as the sheriff is required to confine a prisoner in the county jail. The house in which he or she is thus confined shall thereupon become, for that purpose, the county jail.
[1911 CPA § 555; RL § 5497; NCL § 9044]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.070 - Powers, duties and fees of elisors.

An elisor appointed to execute process and orders in the cases mentioned in NRS 41.040 shall be invested with the powers, duties and responsibilities of the sheriff in the execution of such process or orders and in every matter incidental thereto, and shall be entitled to the same fees as a sheriff would be entitled to for like services.
[1911 CPA § 556; RL § 5498; NCL § 9045]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.075 - Limitations on liability of Committee on Local Government Finance.

No cause of action may be brought against the Committee on Local Government Finance created pursuant to NRS 354.105, or any of its members, which is based upon:
1. Any act or omission in the execution of, or otherwise in conjunction with, the execution of NRS 354.655 to 354.725, inclusive, or any policy or plan adopted pursuant thereto, whether or not such statute, policy or plan is valid, if the statute, policy or plan has not been declared invalid by a court of competent jurisdiction; or
2. The exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the Committee on Local Government Finance or member thereof, whether or not the discretion involved is abused.
(Added to NRS by 1995, 145; A 1997, 573; 2001, 1819; 2005, 1394)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.085 - Heirs and personal representatives may maintain action.

1. As used in this section, "heir" means a person who, under the laws of this State, would be entitled to succeed to the separate property of the decedent if the decedent had died intestate. The term does not include a person who is deemed to be a killer of the decedent pursuant to chapter 41B of NRS, and such a person shall be deemed to have predeceased the decedent as set forth in NRS 41B.330.
2. When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives, whether the wrongdoer died before or after the death of the person injured by the wrongdoer. If any other person is responsible for the wrongful act or neglect, or if the wrongdoer is employed by another person who is responsible for the wrongdoer’s conduct, the action may be maintained against that other person, or if the other person is dead, against the other person’s personal representatives.
3. An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.
4. The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, 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 the decedent’s estate include:
(a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses; and
(b) Any penalties, including, but not limited to, exemplary or punitive damages, that the decedent would have recovered if the decedent 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.095 - Presumption that person using deadly force against intruder in person’s residence, transient lodging or motor vehicle has reasonable fear of death or bodily injury; person who uses deadly force is immune from civil liability under certain circumstances; definitions.

1. For the purposes of NRS 41.085 and 41.130, any person who uses:
(a) While lawfully in his or her residence, in transient lodging or in a motor vehicle that is not his or her residence, 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 herself or another person lawfully in the residence, transient lodging or motor vehicle if the force is used against a person who is committing burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon and the person using the force knew or had reason to believe that burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary, invasion of the home or grand larceny of the motor vehicle with the use or threatened use of a deadly weapon may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.
(b) Force which is intended or likely to cause death or bodily injury is immune from civil liability in an action to recover damages for personal injuries to or the wrongful death of a person against whom such force was used if the use of such force was justified under the applicable provisions of chapter 200 of NRS relating to the use of such force.
2. As used in this section:
(a) "Deadly weapon" has the meaning ascribed to it in NRS 193.165.
(b) "Motor vehicle" means every vehicle which is self-propelled.
(c) "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; A 2015, 1784)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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, no cause of action is lost by reason of the death of any person, but may be maintained by or against the person’s 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 the decedent 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 the decedent’s executor or administrator include all losses or damages which the decedent incurred or sustained before the decedent’s death, including any penalties or punitive and exemplary damages which the decedent would have recovered if the decedent 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 the decedent’s personal representatives for the decedent’s 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; 2017, 2688)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 the conduct of the person causing the injury, that other person or corporation so responsible is liable to the person injured for damages.
[1911 CPA § 707; RL § 5649; NCL § 9196]—(NRS A 1997, 1357)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1305 - Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney’s fees and costs.

1. A person who serves, sells or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold or furnished as a result of the consumption of the alcoholic beverage.
2. Except as otherwise provided in this section, a person who:
(a) Knowingly serves, sells or otherwise furnishes an alcoholic beverage to an underage person; or
(b) Knowingly allows an underage person to consume an alcoholic beverage on premises or in a conveyance belonging to the person or over which the person has control,
is liable in a civil action for any damages caused by the underage person as a result of the consumption of the alcoholic beverage.
3. The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish alcoholic beverages or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civil action and does not constitute negligence per se.
4. A person who prevails in an action brought pursuant to subsection 2 may recover the person’s actual damages, attorney’s fees and costs and any punitive damages that the facts may warrant.
5. As used in this section, "underage person" means a person who is less than 21 years of age.
(Added to NRS by 1995, 2667; A 2007, 589)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1307 - Liability of person who serves, sells or furnishes cannabis or cannabis product for damages caused as a result of consumption of cannabis or cannabis product: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney’s fees and costs.

1. A person who serves, sells or otherwise furnishes cannabis or a cannabis product to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the cannabis or cannabis product was served, sold or furnished as a result of the consumption of the cannabis or cannabis product.
2. Except as otherwise provided in this section, a person who:
(a) Knowingly serves, sells or otherwise furnishes cannabis or a cannabis product to an underage person; or
(b) Knowingly allows an underage person to consume cannabis or a cannabis product on premises or in a conveyance belonging to the person or over which the person has control,
is liable in a civil action for any damages caused by the underage person as a result of the consumption of the cannabis or cannabis product.
3. The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish cannabis or cannabis products or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civil action and does not constitute negligence per se.
4. A person who prevails in an action brought pursuant to subsection 2 may recover the person’s actual damages, attorney’s fees and costs and any punitive damages that the facts may warrant.
5. As used in this section:
(a) "Cannabis" has the meaning ascribed to it in NRS 678A.085.
(b) "Cannabis product" has the meaning ascribed to it in NRS 678A.120.
(c) "Underage person" means a person who is less than 21 years of age.
(Added to NRS by 2021, 2379)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 the person’s property, unless the person:
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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1335 - Action for damages for injuries resulting from fertility fraud; award of costs and attorney’s fees to injured person; punitive damages; where violation deemed to have occurred.

1. A person who has suffered an injury as a result of a violation of NRS 200.975 may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant if the person is or was, at the time of assisted reproduction:
(a) A patient who gave birth to a child conceived through assisted reproduction as a result of a violation of NRS 200.975;
(b) The spouse of a patient who gave birth to a child conceived through assisted reproduction as a result of a violation of NRS 200.975;
(c) A child conceived through assisted reproduction as a result of a violation of NRS 200.975; or
(d) A donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of NRS 200.975.
2. Each child born as a result of a violation of NRS 200.975 constitutes the basis for a separate cause of action.
3. A person who prevails in an action brought pursuant to subsection 1 may recover his or her actual damages, attorney’s fees and costs and any punitive damages that the facts may warrant.
4. The liability imposed by this section is in addition to any other liability imposed by law.
5. For the purposes of this section, a violation of NRS 200.975 shall be deemed to have been committed where the procedure for assisted reproduction occurred or at the principal place of business of the provider of health care.
6. As used in this section:
(a) "Assisted reproduction" has the meaning ascribed to it in NRS 126.510.
(b) "Human reproductive material" has the meaning ascribed to it in NRS 200.970.
(c) "Provider of health care" has the meaning ascribed to it in NRS 200.975.
(Added to NRS by 2023, 1415)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 the person’s 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 the person costs and reasonable attorney’s fees.
(Added to NRS by 1997, 1811)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1345 - Action for damages for injuries resulting from unlawful use, possession, sale or transfer 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 205.463, 205.464 or 205.465 may commence an action for the recovery of the person’s 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, 205.464 or 205.465.
(Added to NRS by 1999, 1346; A 2007, 48)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.135 - Limitation on liability of victims of certain crimes for injury or damage sustained by 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.138 - Action for unwelcome or nonconsensual sexual conduct; rebuttable presumption that sexual conduct was unwelcome or nonconsensual if alleged perpetrator was person in position of authority over alleged victim.

1. In any civil action concerning any unwelcome or nonconsensual sexual conduct, including, without limitation, sexual harassment, there is a rebuttable presumption that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the alleged victim.
2. As used in this section:
(a) "Person in a position of authority" means a parent, relative, household member, employer, supervisor, youth leader, scout leader, coach, mentor in a mentoring program, teacher, professor, counselor, school administrator, religious leader, doctor, nurse, psychologist, naprapath, other health care provider, guardian ad litem, guardian, babysitter, police officer or other law enforcement officer or any other person who, by reason of his or her position, is able to exercise significant or undue influence over the victim.
(b) "Sexual harassment" has the meaning ascribed to it in NRS 176A.280.
(Added to NRS by 2019, 836, 1906; A 2023, 1684)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 person, or by another person’s lack of ordinary care or skill in the management of the person’s 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 who is:
(1) Licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS; or
(2) Authorized to practice as an emergency medical technician, advanced emergency medical technician or paramedic in this State under the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ratified by NRS 450B.145.
(b) "Peace officer" has the meaning ascribed to it in NRS 169.125.
(Added to NRS by 1985, 151; A 1991, 457; 2005, 317; 2013, 951; 2023, 2291)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1391 - Standard of care and duty of certain first responders not affected by training relating to developmental disabilities.

An attendant, firefighter employed by or serving as a volunteer with a fire-fighting agency, an emergency medical technician, advanced emergency medical technician, paramedic or a peace officer who has received the training required pursuant to NRS 289.605, 450B.160 or 450B.180 shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
(Added to NRS by 2019, 2096)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.1396 - Action for damages for injury suffered by victim of pornography involving minors; presumed statutory damages; attorney’s fees and costs; protection of victim’s identity; limitation on defenses.

1. Any person who, while under the age of 16 years, appeared in any film, photograph or other visual presentation engaging in sexual conduct and who suffered personal or psychological injury as a result may bring an action against any person who, while over the age of 18 years, knowingly and willfully:
(a) Promoted the film, photograph or other visual presentation;
(b) Possessed the film, photograph or other visual presentation; or
(c) Used the Internet to control the film, photograph or other visual presentation, with the specific intent to view the film, photograph or other visual presentation.
2. A plaintiff who prevails in an action brought pursuant to this section may recover the plaintiff’s actual damages, which shall be deemed to be at least $150,000, plus attorney’s fees and costs.
3. A plaintiff may request to use a pseudonym instead of the plaintiff’s name in all court proceedings and records related to an action brought pursuant to this section. Upon notification that a plaintiff has requested to use a pseudonym, the court shall ensure that the pseudonym is used in all court proceedings and records.
4. It is not a defense to a cause of action under this section that a defendant did not know the plaintiff or did not engage in the sexual conduct with the plaintiff.
5. As used in this section:
(a) "Promote" has the meaning ascribed to it in NRS 200.700.
(b) "Sexual conduct" means sexual intercourse, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
(Added to NRS by 2009, 2663)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.13965 - Action involving plaintiff who is victim of sexual abuse or sexual exploitation; judgment of conviction of perpetrator is conclusive evidence of sexual abuse or sexual exploitation; liability of person who benefits from sexual abuse or sexual exploitation; treble damages; exception from liability for certain establishments.

1. If a plaintiff is the victim of sexual abuse or sexual exploitation, a person has been convicted of a crime arising out of such sexual abuse or sexual exploitation of the plaintiff and the plaintiff commences a civil action against a person other than the person convicted of the crime, then the judgment of conviction of the person convicted of the crime is conclusive evidence in the civil action that the person convicted of the crime sexually abused or sexually exploited the plaintiff.
2. A person is liable to a plaintiff for damages if the person knowingly benefits, financially or by receiving anything of tangible value, from participation in a venture which that person knew or should have known has engaged in sexual abuse or sexual exploitation of another person.
3. A person who is liable to a plaintiff under subsection 2 and who knowingly participated in and gained a benefit from or covered up the sexual abuse or sexual exploitation of the plaintiff is liable to the plaintiff for treble damages.
4. For the purposes of this section, a hotel, motel or other establishment with more than 175 rooms available for sleeping accommodations for the public shall be deemed not to benefit, or to have gained a benefit, from the rental of a room.
5. As used in this section:
(a) "Convicted" has the meaning ascribed to it in NRS 41B.070.
(b) "Cover up" means a concerted effort to hide evidence relating to sexual abuse or sexual exploitation.
(c) "Sexual abuse" has the meaning ascribed to it in NRS 432B.100.
(d) "Sexual exploitation" has the meaning ascribed to it in NRS 432B.110.
(Added to NRS by 2021, 1585)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 the agent of either who employs or continues to employ a prostitute after the person 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)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › 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 the person’s actual damages and any punitive damages which the facts may warrant.
(Added to NRS by 1993, 2478)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.141 - When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.

1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought.
2. In those cases, the judge shall instruct the jury that:
(a) The plaintiff may not recover if the plaintiff’s comparative negligence or that of the plaintiff’s decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants.
(b) If the jury determines the plaintiff is entitled to recover, it shall return:
(1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to the plaintiff’s comparative negligence; and
(2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.
3. If a defendant in such an action settles with the plaintiff before the entry of judgment, the comparative negligence of that defendant and the amount of the settlement must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable by the plaintiff pursuant to the general and special verdicts.
4. Where recovery is allowed against more than one defendant in such an action, except as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff only for that portion of the judgment which represents the percentage of negligence attributable to that defendant.
5. This section does not affect the joint and several liability, if any, of the defendants in an action based upon:
(a) Strict liability;
(b) An intentional tort;
(c) The emission, disposal or spillage of a toxic or hazardous substance;
(d) The concerted acts of the defendants; or
(e) An injury to any person or property resulting from a product which is manufactured, distributed, sold or used in this State.
6. As used in this section:
(a) "Concerted acts of the defendants" does not include negligent acts committed by providers of health care while working together to provide treatment to a patient.
(b) "Provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1973, 1722; A 1979, 1356; 1987, 1697; 1989, 72)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.191 - Declaration of domicile in Nevada.

1. Any person who has established domicile in this state may manifest and evidence his or her domicile by filing in the office of the clerk of the district court for the county in which the person resides, a sworn statement showing that the person resides in and maintains a residence in that county, which the person recognizes and intends to maintain as his or her permanent home.
2. Any person who has established a domicile in this state, but who maintains another residence in some other state, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the district court for the county in which the person resides, a sworn statement that the person’s residence in Nevada constitutes his or her predominant and principal home, and that the person intends to continue it permanently as his or her predominant and principal home.
3. A sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1 or 2, a declaration that the person making the statement is at the time of making the statement a bona fide resident of the State, and it must set forth the person’s place of residence, the city, county and state in which the person formerly resided, and all other places, if any, in which the person maintains a residence.
(Added to NRS by 1979, 336)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.193 - Declaration of domicile in other state.

1. A person who:
(a) Is or was domiciled in a state other than Nevada and who:
(1) Has a residence in Nevada; or
(2) Does or has done acts within Nevada which, independently of his or her actual intention concerning domicile, might be taken to indicate that the person is or intends to be domiciled in Nevada; and
(b) Desires to maintain or continue his or her domicile in a state other than Nevada,
may manifest and evidence his or her permanent domicile in that other state by filing in the office of the clerk of the district court in any county in Nevada in which the person has a residence or in which the person may have performed those acts, a sworn statement that his or her domicile is in a state other than Nevada, naming the state and stating that he or she intends to permanently continue domicile in that state.
2. The sworn statement filed pursuant to this section must contain, in addition to the declaration required in subsection 1, a declaration that the person making the statement is, at the time of making the statement, a resident of a state other than Nevada, and it must set forth the place of residence which the person maintains in the state or the fact that the person does not maintain a residence in Nevada. It must also set forth other facts with reference to any acts done by the person which the person desires not be construed as evidencing an intention to establish his or her domicile in Nevada.
(Added to NRS by 1979, 337)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.195 - Signing and recording of declaration; fee.

The sworn statement permitted by NRS 41.191 and 41.193 must be signed under oath before a person authorized to administer oaths. The clerk of a district court in whose office a statement is filed shall record it in a book provided for that purpose, and collect a fee of $5 for performing that duty.
(Added to NRS by 1979, 337)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.209 - Applicability.

After the time to bring an action under chapter 126 of NRS has elapsed and if the action is not for the purpose of establishing the responsibility of any person for the support of another, then NRS 41.209 to 41.260, inclusive, apply.
(Added to NRS by 1979, 1278)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.210 - District courts empowered to establish date and place of birth and parentage.

The district courts are hereby authorized to establish the date of birth, place of birth and parentage of any person and shall, in their orders, so decree and appoint in the manner hereinafter provided.
[1:167:1941; 1931 NCL § 5285.01]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.220 - Procedure; examination of records by State Registrar of Vital Statistics.

1. Every person desiring to have his or her date of birth, place of birth or parentage established must file a verified petition accompanied by his or her fingerprint chart, with a small recent photograph attached, in the district court of the county in which such person has been a resident for at least 6 months prior thereto, which petition must recite the circumstances involved and the desire of the petitioner in relation thereto.
2. Any action to establish parentage must be entitled "In the Matter of the Parental Relation of ................ and ................" Notice of the bringing of the action must be served, in the manner provided by law and the Nevada Rules of Civil Procedure for the service of process, upon each of the following persons, if living:
(a) The person whose parentage it is sought to establish; and
(b) Each known or alleged parent, except a parent who has brought the action.
3. If the court so requests, the State Registrar of Vital Statistics must examine his or her records and provide to the court any data relevant to the action which the State Registrar finds.
[2:167:1941; 1931 NCL § 5285.02]—(NRS A 1979, 1278)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.230 - Hearing.

Upon the hearing of the petition the court may require information appearing to be pertinent to the particular case at hand, and the court may require the presence of any person, or the affidavit of such person if the person be out of the jurisdiction of the court, as to enable the court to be fully advised in the premises.
[3:167:1941; 1931 NCL § 5285.03]
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.240 - Court order establishing facts as presented to court.

After the court deems the evidence presented upon the hearing of the petition sufficient to grant the prayer of the petitioner, it shall make an order establishing the facts of the matter as presented to the court.
[4:167:1941; 1931 NCL § 5285.04]—(NRS A 1979, 1279)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.250 - Recording of decree.

Any decree rendered under the provisions of NRS 41.209 to 41.260, inclusive, must be recorded with the Chief Medical Officer and in the office of the county recorder of the county in which the decree was rendered.
[5:167:1941; 1931 NCL § 5285.05]—(NRS A 2001, 1750)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.260 - No fees to be charged by clerk of the court.

There shall be no fee charged or collected by the clerk of the court for any proceeding under the provisions of NRS 41.209 to 41.260, inclusive.
[6:167:1941; 1931 NCL § 5285.06]—(NRS A 2015, 2566)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.270 - Verified petition.

Any natural person, except an unemancipated minor, desiring to have his or her name changed may file a verified petition with the clerk of the district court of the district in which the person resides. The petition must be addressed to the court and must state the applicant’s present name, the name which the applicant desires to bear in the future, the reason for desiring the change and whether the applicant has been convicted of a felony and include a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose. If the applicant has a criminal record, the petition must be accompanied by a complete set of the applicant’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.
[1:16:1869; B § 4036; BH § 4944; C § 5001; RL § 5835; NCL § 9457]—(NRS A 1989, 488; 2005, 2207; 2017, 257, 607, 733)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.280 - When publication of notice is required.

1. Except as otherwise provided in subsections 2 and 3, upon the filing of the petition, the applicant shall make out and procure a notice that must:
(a) State the fact of the filing of the petition, its object, the applicant’s present name, the name which the applicant desires to bear in the future and the fact that the applicant submitted a statement signed under penalty of perjury that the applicant is not changing his or her name for a fraudulent purpose; and
(b) Be published in some newspaper of general circulation in the county at least one time.
2. If the applicant submits proof satisfactory to the court that publication of the change of name would place the applicant’s personal safety at risk, the court shall not require the applicant to comply with the provisions of subsection 1 and shall order the records concerning the petition and any proceedings concerning the petition to be sealed and to be opened for inspection only upon an order of the court for good cause shown or upon the request of the applicant.
3. If the petition filed by the applicant states that the reason for desiring the change is to conform the applicant’s name to his or her gender identity, the court shall not require the applicant to comply with the provisions of subsection 1.
[2:16:1869; A 1941, 12; 1943, 87; 1943 NCL § 9458]—(NRS A 2003, 1755; 2017, 472, 607)
2023 Nevada Revised Statutes › Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons › NRS 41.290 - Order of court; hearing on objections; disposition and rescission of order.

1. If, within 10 days after the publication of the notice, or if, pursuant to subsection 2 or 3 of NRS 41.280, such publication is not required, within 10 days after filing of the petition, no written objection is filed with the clerk, upon proof of the filing of the petition and publication of notice, if required in NRS 41.280, and upon being satisfied by the statements in the petition, or by other evidence, that good reason exists therefor, the court shall make an order changing the name of the applicant as prayed for in the petition. If, within the period an objection is filed, the court shall appoint a day for hearing the proofs, respectively, of the applicant and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show satisfactory reasons for making the change. Before issuing its order, the court shall specifically take into consideration the applicant’s criminal record, if any, which is stated in the petition.
2. Upon the making of an order either granting or denying the prayer of the applicant, the order must be recorded as a judgment of the court. If the petition is granted, the name of the applicant must thereupon be as stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.
3. If an order grants a change of name to a person who has a criminal record, the clerk shall transmit a certified copy of the order to the Central Repository for Nevada Records of Criminal History for inclusion in that person’s record of criminal history. The order must be accompanied by a complete set of the person’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety.
4. Upon receiving uncontrovertible proof that an applicant in the petition falsely denied having been convicted of a felony or falsely stated under penalty of perjury that he or she is not changing his or her name for a fraudulent purpose, the court shall rescind its order granting the change of name and the clerk shall transmit a certified copy of the order rescinding the previous order to:
(a) The State Registrar of Vital Statistics for inclusion in the State Registrar’s records.
(b) The Central Repository for Nevada Records of Criminal History, accompanied by a complete set of the applicant’s fingerprints taken in the manner prescribed by the Director of the Department of Public Safety, for inclusion in the applicant’s record of criminal history.
[3:16:1869; A 1943, 87; 1943 NCL § 9459]—(NRS A 1960, 157; 1989, 488; 2017, 257, 472, 608)