SUMMARY--Makes person liable in treble damages for abuse, neglect or exploitation of certain older persons or vulnerable persons. (BDR 3-613)
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 actions; making a person who abuses, neglects or exploits certain older persons or vulnerable persons liable in treble damages for any loss or damage sustained by the older person or vulnerable person; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2 As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Older person" means a person who is at least 60 years of age.
Sec. 4 1. "Vulnerable person" means a person who:
(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(b) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
2. The term includes, but is not limited to, a person who:
(a) Is mentally retarded;
(b) Has a severe learning disability;
(c) Suffers from a severe mental or emotional illness; or
(d) Suffers from a terminal or catastrophic illness or injury.
Sec. 5 If a person:
1. Willfully and without justification inflicts pain, injury or mental anguish on an older person or vulnerable person;
2. Intentionally deprives an older person or vulnerable person of food, shelter, clothing or services that are necessary to maintain the physical or mental health of the older person or vulnerable person; or
3. Who has assumed legal responsibility or a contractual or voluntary obligation for the care of an older person or vulnerable person fails to provide him with food, shelter, clothing or services that are necessary to maintain the physical or mental health of the older person or vulnerable person,
and the older person or vulnerable person suffers an illness, injury or death as a result of such wrongful conduct, the person who caused the illness, injury or death is liable in treble damages to the older person or vulnerable person, or the estate of the older person or vulnerable person, for all injury and damage sustained as a result of the wrongful conduct.
Sec. 6 1. A person who obtains control over the money, assets or property of an older person or vulnerable person:
(a) Through deception, intimidation or wrongfully overcoming the free will of the older person or vulnerable person; or
(b) By taking advantage of his physical, mental or emotional condition,
with the intent of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property, is liable in treble damages to the older person or vulnerable person for any loss sustained as a result of the wrongful conduct.
2. In determining whether the free will of an older person or vulnerable person has been wrongfully overcome, the trier of fact shall consider, without limitation:
(a) The relationship of the older person or vulnerable person to the person who caused the injury;
(b) Whether the older person or vulnerable person and the person who caused the injury sought independent advice and if so, whether such advice was or should have been followed;
(c) Whether the older person or vulnerable person was isolated from other people by the person who caused the injury; and
(d) The prudence of the gift or transaction in relation to the entire net worth of the older person or vulnerable person.
3. For the purposes of this section:
(a) The normal influence that one family member has over another does not result in the free will of a person being wrongfully overcome.
(b) It is presumed that the free will of an older person or vulnerable person was overcome if the older person or vulnerable person is determined to have been mentally confused or incompetent at the time that he lost control over his money, assets or property.
Sec. 7 1. If it is determined that a person:
(a) Is liable for treble damages pursuant to section 5 or 6 of this act; and
(b) Is employed by another person who was responsible for his conduct at the time that he engaged in the wrongful conduct,
the employer is jointly and severally liable for the treble damages imposed pursuant to those sections.
2. If it is established by a preponderance of evidence that a person who is liable for treble damages pursuant to section 5 or 6 of this act acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney's fees and costs of the person who brought the lawsuit. If attorney's fees and costs are awarded pursuant to this subsection, the money recovered from the person who is liable for treble damages must be distributed in the following order of priority:
(a) To the person who brought the lawsuit, until that person's actual damages and costs have been paid; and
(b) To the person who brought the lawsuit and to his attorney in equal amounts, until the remaining damages and the attorney's fees awarded pursuant to this subsection have been paid.
Sec. 8 This act becomes effective on July 1, 1997.