Nevada Revised Statutes Section 41.745 - Remedies - Special Actions and Proceedings

Liability of employer for intentional conduct of employee; limitations.

1. An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:

(a) Was a truly independent venture of the employee;

(b) Was not committed in the course of the very task assigned to the employee; and

(c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his employment.

ÊFor the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.

2. Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of his employee.

3. For the purposes of this section:

(a) “Employee” means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor or member of a board or commission or Legislator in this state.

(b) “Employer” means any public or private employer in this state, including, without limitation, the State of Nevada, any agency of this state and any political subdivision of the State.

(c) “Immune contractor” has the meaning ascribed to it in subsection 3 of NRS 41.0307.

(d) “Officer” has the meaning ascribed to it in subsection 4 of NRS 41.0307.

Last modified: February 27, 2006