Senate Bill No. 160–Committee on Judiciary

 

February 18, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Provides that actions for personal injury must involve physical injury that is manifest or ascertainable. (BDR 3‑980)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to civil actions; providing that an action for personal injury must involve a physical injury that is manifest and ascertainable; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 41.130 is hereby amended to read as follows:

1-2  41.130  1.  Except as otherwise provided in NRS 41.745,

1-3  whenever any person shall suffer personal injury by wrongful act,

1-4  neglect or default of another, the person causing the injury is liable

1-5  to the person injured for damages; and where the person causing the

1-6  injury is employed by another person or corporation responsible for

1-7  his conduct, that person or corporation so responsible is liable to the

1-8  person injured for damages.

1-9  2.  No cause of action may accrue for a personal injury unless

1-10  the person injured demonstrates a manifest physical injury that is

1-11  ascertainable with reasonable certainty on or before the date on

1-12  which the action is filed. For the purposes of this subsection, the

1-13  possibility that a person may become ill does not constitute a

1-14  manifest physical injury.

1-15      Sec. 2.  The amendatory provisions of this act apply to all

1-16  actions pending or filed on or after the effective date of this act.

 

2-1  Sec. 3.  This act becomes effective upon passage and approval.

 

2-2  H