Criminal Defense Lawyers

What’s the NRS section on negligence?

What’s the NRS Section on Negligence? Understanding Nevada’s Negligence Laws

At Spodek Law Group, we understand that navigating Nevada’s negligence laws can be confusing and overwhelming. As experienced attorneys, we’re here to help you make sense of the legal landscape and protect your rights. In this comprehensive guide, we’ll break down the key aspects of negligence law in Nevada, including the relevant Nevada Revised Statutes (NRS) sections and how they may impact your case.

The Basics of Negligence in Nevada

Before we dive into the specific NRS sections, it’s important to understand what negligence means in legal terms. Negligence is a type of civil wrong, or “tort,” that occurs when someone fails to exercise reasonable care, resulting in harm or injury to another person.In Nevada, as in most states, there isn’t a single, comprehensive statute that defines negligence. Instead, the concept of negligence has been developed through common law – that is, through court decisions over time. However, there are several important NRS sections that relate to negligence and how it’s handled in Nevada courts.

The Four Elements of Negligence

To prove negligence in a Nevada court, we need to establish four key elements:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

Let’s break these down a bit further:

1. Duty of care: The defendant owed a legal duty to the plaintiff to act with reasonable care.
2. Breach of duty: The defendant failed to fulfill that duty by acting negligently or recklessly.
3. Causation: The defendant’s negligent actions directly caused the plaintiff’s injuries.
4. Damages: The plaintiff suffered actual harm or losses as a result of the defendant’s actions.

As your legal representatives, we at Spodek Law Group will work tirelessly to prove each of these elements in your case. We know how to gather the necessary evidence and present a compelling argument to the court.

Key NRS Sections Related to Negligence

While there isn’t a single “negligence statute” in Nevada, several NRS sections are crucial to understanding how negligence cases are handled in the state. Let’s explore some of the most important ones:

NRS 41.141 – Comparative Negligence

One of the most significant statutes related to negligence in Nevada is NRS 41.141, which establishes the state’s comparative negligence rule. This rule is crucial because it determines whether a plaintiff can recover damages even if they were partially at fault for their own injuries.Under NRS 41.141, a plaintiff can still recover damages as long as their negligence was not greater than the combined negligence of the defendants. Here’s how it works:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

• If the plaintiff’s negligence is 50% or less, they can still recover damages, but the amount will be reduced by their percentage of fault.
• If the plaintiff’s negligence is 51% or more, they cannot recover any damages.

For example, let’s say you were injured in a car accident and the court determines that you were 30% at fault, while the other driver was 70% at fault. If your total damages were $100,000, you would be able to recover $70,000 (70% of the total damages).This statute is crucial because it allows plaintiffs to seek compensation even if they weren’t entirely blameless in the incident. At Spodek Law Group, we’re experts at navigating these complex calculations and ensuring our clients receive the maximum compensation possible under the law.

NRS 41A.015 – Professional Negligence

Another important statute is NRS 41A.015, which defines professional negligence in the context of healthcare providers. This statute is particularly relevant for medical malpractice cases.According to NRS 41A.015, professional negligence is defined as:”The failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.”This definition sets the standard for medical malpractice cases in Nevada. If you believe you’ve been a victim of medical malpractice, we at Spodek Law Group can help you understand whether your case meets this legal definition and guide you through the process of seeking compensation.

NRS 41.133 – Negligence Per Se

While not explicitly labeled as such, NRS 41.133 essentially establishes the concept of negligence per se in Nevada. This statute states that a person who suffers injury as a result of another’s violation of a law is entitled to a presumption that the violation caused the injury.In other words, if someone breaks a law and you’re injured as a result, the court will presume that their violation of the law caused your injury. This can be a powerful tool in negligence cases, as it shifts the burden of proof to the defendant to show that their violation of the law wasn’t the cause of your injury.At Spodek Law Group, we’re well-versed in using this statute to strengthen our clients’ cases and increase their chances of a favorable outcome.

Negligence in Specific Contexts

Now that we’ve covered the general principles and key statutes, let’s look at how negligence applies in some specific contexts:

Auto Accidents

Auto accidents are one of the most common sources of negligence claims. In Nevada, drivers have a duty to operate their vehicles with reasonable care. If a driver breaches this duty – for example, by speeding, driving under the influence, or texting while driving – and causes an accident, they may be held liable for negligence.Here’s a breakdown of common types of negligence in auto accidents:

If you’ve been injured in an auto accident due to someone else’s negligence, we at Spodek Law Group can help you navigate the legal process and fight for the compensation you deserve.

Premises Liability

Premises liability is another common area of negligence law. Property owners have a duty to maintain their premises in a reasonably safe condition for visitors. If they fail to do so and someone is injured as a result, the property owner may be held liable for negligence.Common examples of premises liability cases include:

• Slip and fall accidents due to wet floors or icy sidewalks
• Injuries from falling objects in stores
• Dog bites on someone’s property
• Swimming pool accidents
• Inadequate security leading to assault or robbery

At Spodek Law Group, we have extensive experience handling premises liability cases. We know how to investigate these incidents, gather evidence, and build a strong case to hold negligent property owners accountable.

Medical Malpractice

As mentioned earlier, medical malpractice falls under the category of professional negligence in Nevada. These cases can be particularly complex, as they often require expert testimony to establish the standard of care and how it was breached.Some common types of medical malpractice include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent

If you believe you’ve been a victim of medical malpractice, it’s crucial to act quickly. Nevada has a statute of limitations for these cases, and gathering evidence becomes more difficult as time passes. Contact us at Spodek Law Group as soon as possible so we can start building your case.

The Importance of Experienced Legal Representation

Navigating negligence laws in Nevada can be challenging, especially when you’re dealing with the aftermath of an injury or accident. That’s why it’s crucial to have experienced legal representation on your side.At Spodek Law Group, we have a deep understanding of Nevada’s negligence laws and how they apply to various situations. We’re not just lawyers – we’re advocates for our clients, fighting tirelessly to ensure they receive the compensation they deserve.When you work with us, you can expect:

• Thorough investigation: We’ll leave no stone unturned in gathering evidence to support your case.
• Expert analysis: We work with top experts in various fields to strengthen your case and provide expert testimony when needed.
• Skilled negotiation: We’re experienced negotiators who know how to deal with insurance companies and opposing counsel to secure the best possible settlement for you.
• Aggressive litigation: If a fair settlement can’t be reached, we’re prepared to take your case to trial and fight for your rights in court.

Remember, the insurance companies have teams of lawyers working to minimize their payouts. Shouldn’t you have a strong legal team on your side too?

Conclusion: Your Next Steps

If you’ve been injured due to someone else’s negligence in Nevada, don’t wait to take action. The sooner you contact us, the sooner we can start building your case and protecting your rights.At Spodek Law Group, we offer a free initial consultation to discuss your case and explain your legal options. We work on a contingency fee basis, which means you don’t pay us unless we win your case.Don’t let the complexities of Nevada’s negligence laws intimidate you. With our experienced team on your side, you can focus on your recovery while we handle the legal details.Call us today at 212-300-5196 to schedule your free consultation. Let us put our knowledge and experience to work for you.Remember, when it comes to negligence cases in Nevada, knowledge is power. And with Spodek Law Group, you’ll have both knowledge and power on your side. We’re here to guide you through every step of the legal process and fight for the justice and compensation you deserve.Don’t wait – contact us today and take the first step towards securing your future.