What is the Nevada Negligence Law?
Negligence can be in any form. Imagine you are walking in a superstore and the ceiling falls on you, that’s negligence on the store’s part, or is it? You are driving and you collide with another car that is reversing from the driveway. The fault is either at your end or the other driver, or both are negligent. You are walking near a construction site and some materials fall on you that cause injury. There are several incidents of negligence. Unless the negligence is proven, compensation cannot be claimed. But ‘negligence laws’ is that part of the law that is difficult to prove.
Negligence Law Definition
The negligence law definition states that negligence is a failure to exercise proper and ethically ruled care that is expected to be exercised under a specific circumstance. As per the negligence law definition, the harm caused by failing to act is called tort. Tort law is that body of law which covers violations where one person's behavior causes unfair loss, harm, injury, or suffering, to another person.
Negligence is technically not law, but a legal theory that is used to determine liability. The negligence laws by state differ from one state to another. Thought different states follow different laws, the base of the negligence law definition is the same for all states. While some states follow contributory fault, others follow comparative fault. In all cases, the plaintiff has to prove the four elements of negligence laws to be able to claim compensation for injury.
The Four Elements are:
- The defendant owes a duty to commit to an act, or refrain from committing an act
- The defendant breached or failed to fulfill the duty to commit or refrain from committing the act
- This the breach of duty caused personal injury to the plaintiff
- The plaintiff suffered genuine, measurable damages
The negligence laws by state differ from one state to another and it is important to understand the laws in the state you reside.
Negligence Law Nevada
Nevada negligence law recognizes the comparative fault system. Comparative negligence laws are fair and just to all parties involved. In this system, if both parties are at fault, you are entitled to receive compensation based on the percentage of fault of the other party.
Negligence law Nevada doesn’t just follow the comparative fault system, it follows the modified comparative negligence law Nevada. As per Nevada negligence law, the fault is not necessarily a bar to recovery and you can claim if you are partially at fault. Under comparative negligence law Nevada, you can recover some of your losses as long as you are not more than 50 percent at fault. According to Nevada negligence law, if you are more than fifty percent at fault, you cannot claim for damages.
The negligence laws by state differ based on which law the state follows. The punishment for negligence in Nevada is based on the Nevada negligence law and the type of negligence.
Punishment for Negligence in Nevada
The punishment for negligence in Nevada for breaking the negligence laws by state is as per negligence laws Nevada as well as the type of negligence that occurred. The types of negligence recognized in by Nevada negligence law include gross negligence, negligence per se, comparative negligence, and ordinary negligence. The punishment for negligence in Nevada is as under.
- Involuntary manslaughter: if your action is proved to be negligent and has caused death to another, it is considered a class D felony. The punishment for class D felony is a fine up to $5,000 or one to four years in jail, or both.
- Substantial Bodily Harm or death caused by negligence: it is a class C felony punishable by one to five years in jail or a fine of not more than $10,000, or both.