The Elements for a Claim of Respondeat Superior

In Nevada, vicarious liability (respondeat superior) is a derivative action based on some status relationship between the accused and a primary tortfeasor, such as an employer-employee situation.

  1. A tortfeasor is employed by the defendant;
  2. The Tortfeasor was under the defendant’s control and acting in the scope of the tortfeasor’s employment at the time the tort was committed;
  3. Relationship of the parties is of superior and subordinate, where the tortfeasor is subject to the control of the defendant; and
  4. Proximate cause and damages.

N.R.S. 41.130; NRS 41.745; Wood v. Safeway, Inc., 121 Nev. 724 (2005); Kornton v. Conrad, Inc., 119 Nev. 123, 67 P.3d 316 (2003); Rockwell v. Sun Harbor Budget Suites, 112 Nev. 1217, (1996); Batt v. State, 111 Nev. 1127, 901 P.2d 664, 667n.6 (1995); Evans v. Southwest Gas, 108 Nev. 1002, 842 P.2d 719 (1992); Nat’l Convenience Stores v. Fantauzzi, 94 Nev. 655, 657, 584 P.2d 689, 691 (1978); Prell Hotel Corp. v. Antonacci, 86 Nev. 390, (1970).

See elements for other claims at the Nevada Law Library



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