SUMMARY--Revises provisions governing civil liability of public and private employers for intentional conduct of employees. (BDR 3-1631)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to civil liability; revising the provisions governing civil liability of public and private employers for the intentional conduct of employees; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
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.
For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence would have reasonably anticipated that the particular harm or injury could occur.
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.
Sec. 2 NRS 41.03475 is hereby amended to read as follows:
41.03475[No] Except as otherwise provided in section 1 of this act, no judgment may be entered against the State of Nevada or any agency of the state or against any political subdivision of the state for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission, or legislator which was outside the course and scope of his public duties or employment.
Sec. 3 NRS 41.130 is hereby amended to read as follows:
41.130[Whenever] Except as otherwise provided in section 1 of this act, whenever any person shall suffer personal injury by wrongful act, neglect or default of another, the person causing the injury [shall be] is liable to the person injured for damages; and where the person causing [such] the injury is employed by another person or corporation responsible for his conduct, [such] that person or corporation so responsible [shall be] is liable to the person injured for damages.
Sec. 4 This act becomes effective upon passage and approval.