4 - Negligence; Damages (Nevada)

Damages for Negligence Actions (Physical Harm Needed)

In a negligence action, the plaintiff may not recover damages unless he first proves that he suffered physical harm. Once this is established, he may recover most categories of damages, except for punitive damages, which are generally not available for negligence, unless the defendant’s conduct was reckless or outrageous.

Negligent Infliction of Emotional Distress

A plaintiff may recover damages for negligent infliction of emotional distress if there was a physical impact to the plaintiff’s person, or if the plaintiff physically manifests emotional distress caused by either the defendant’s endangerment of the plaintiff who was within the zone of danger, or by the defendant’s injuring of the plaintiff’s close relative while the plaintiff was present and aware of the injury happening.

DBC (Negligence Outline)

Duty, Breach, and Causation

DDM (Negligence Outline)

Damages, Defenses, and Multiple Defendant Issues