Statutes of Limitations (NEVADA)
Personal Injury - 2 yrs. [N.R.S. 11.190(4)]
Wrongful Death - 2 yrs. [N.R.S. 11.190(4)]
Med Mal -3 yrs. from date of injury or 1 yr. from discovery, whichever occurs first [N.R.S. 41A.097]
Real Property Damage - 4 yrs. [N.R.S. 11.220; Oak Grove Investors v. Bell & Gossett Co., 668 P.2d 1075 (Nev. 1983)]
Personal Property Damage - 3 yrs. [N.R.S. 11.190(3)]
Trespass to Real Property - 3 yrs. [N.R.S. 11.190(3)]
Written Contracts - 6 yrs. [N.R.S. 11.190(1)]
Oral Contracts - 4 yrs. [N.R.S. 11.190(2)]
Contracts for Sale (goods) - 4 yrs. [N.R.S. 104.2725]
Breach of Warranty - 4 yrs. if Implied and 6 yrs if Express[N.R.S. 11.190]
Statute of limitation will not commence to run until aggrieved party knew, or reasonably should have known, of the facts giving rise to the breach [Nevada State Bank v. Jamison Family Partnership, 801 P.2d 1377 (Neb. 1990)]
Statutes of Repose (NEVADA)
Product - None.
Construction of Real Property - 6 yrs. [N.R.S. 11.202] (old statute of reposes in N.R.S. 11.203-11.205 was repealed in February 2015)
Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (NEVADA)
Against State and Political Subdivisions - Claim must be filed within 2 yrs. [N.R.S. 41.036]
Comparative Negligence (NEVADA)
Modified Comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [N.R.S. 41.141]
Made Whole Doctrine (MWD) (NEVADA)
Recognized and applied as a default rule. MWD is a general equitable principle that prevents Insurer from enforcing its subrogation rights before Insured has been fully reimbursed for his losses. Under MWD, Insured who has settled with Tortfeasor is liable to Insurer only for the excess received over the total amount of his loss.
Unless it is explicitly excluded, MWD operates as a default rule that is read into insurance contracts. [Canfora v. Coast Hotels and Casinos, Inc., 121 P.3d 599 (Nev. 2005)]
Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NEVADA)
Recognized/applied. ELD bars professional negligence claims against design professionals who provided services in the process of developing or improving commercial property when Plaintiff’s damages were purely financial [Terracon Consultants Western, Inc. v. Mandalay Resort Group, 206 P.3d 81 (Nev. 2009)]. Plaintiff may not recover economic loss under theories of strict products liability or negligence [Central Bit Supply, Inc. v. Waldrop Drilling & Pump, Inc., 717 P.2d 35 (Nev. 1986)]. When an integrated component of a product, such as a building’s heating or plumbing system, fails and causes damage to the larger product but not to other property, only economic loss has occurred [Tharaldson Financial Group, Inc. v. AAF McQuay Inc., 2014 WL 4829649 (D. Nev. 2014) - unpublished decision]
Exception to ELD exists for negligent misrepresentation. [Terracon Consultants Western, Inc. v. Mandalay Resort Group, 206 P.3d 81 (Nev. 2009)]. Also, ELD does not preclude Plaintiff from bringing a negligence claim when the Plaintiff brings a statutory construction defect action involving construction of residential homes [Olson v. Richard, 89 P.3d 31 (Nev. 2004)]
Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NEVADA)
In an action commenced against a design professional or a person engaged in the practice of professional engineering, land surveying, architecture or landscape architecture, including an action for professional negligence, Plaintiff must file an affidavit stating that the attorney has reviewed the facts, has consulted with an expert, reasonably believes the expert is knowledgeable in the relevant discipline, and has concluded on the basis of the attorney’s review and the consultation with the expert that the action has a reasonable basis in law and fact [N.R.S. 40.6884]
Landlord/Tenant Subrogation (NEVADA)
No subrogation allowed, “Sutton Rule” applies. Absent express lease provision, premises insurance is generally considered to have been obtained for mutual benefit of both parties [Safeco Ins. Co. v. Capri, 705 P.2d 659 (Nev. 1985)]
Reimbursement of Deductible(s) (NEVADA)
Auto - Pro rata (must include in subro demand). Property - No law available.
MedPay and PIP (NEVADA)
MedPay and PIP - No subrogation allowed and/or no such coverage available.
Liability of Parents (NEVADA)
$10,000 for willful misconduct [NRS 41.470]. Any negligence or willful misconduct of a minor driver is imputed to the person who signed permit/license application [NRS 483.300]
Joint Liability (NEVADA)
Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability). However, joint and several liability still applies in the following cases: (1) strict liability; (2) intentional torts; (3) environmental torts; (4) concerted acts of Defendants; or (5) an injury to any person/property resulting from a product which is manufactured, distributed, sold or used in Nevada. [NRS 41.141].
Independent Cause of Action for Evidence Spoliation (NEVADA)
No independent tort exists for spoliation of evidence regardless of whether the alleged spoliation is committed by a first or third party [Timber Tech Engineered Bldg. Products v. The Home Ins. Co., 55 P.3d 952 (Nev. 2002)]
Conflicts of Law (NEVADA)
Torts - Forum law presumptively applies unless non-forum incidents are of greater significance. Contracts - Nevada will apply law of the state where the contract is to be performed. [Cambridge Filter Corp. v. Int’l Filter, Co., Inc., 548 F.Supp. 1301 (D. Nev. 1982)].