Strategies, Challenges, and Answers

Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases

“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients.  But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm.

Take for example, a person injured on the job.  Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under a very limited set of circumstances.  That is because of Nevada’s exclusive remedy law.

Nevada’s exclusive remedy provision is found in NRS 616A.020.  That law says that the only remedy that the injured worker has against an employer that is insured for worker’ compensation is the worker’s compensation administrative remedy.  [Continue reading]

One Or Two Prior Accidents Not Enough To Sustain Negligent Entrustment Cause Of Action.

James Lewis was president of American Savings and Loan.  One of the perks that Mr. Lewis enjoyed as president of the company was a company leased auto.  Mr. Lewis allowed Mrs. Mary Ann Lewis to use the company car from time to time.  One day while … [Continue reading]

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Nevada Lawyer Jan2017-cover 232x300

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out … [Continue reading]

The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.

Open Range

Michael Adams died when his car hit a cow belonging to Susan Fallini.  Nevada Law Blog readers know from this earlier post that Nevada Is An Open Range State.  Ms. Fallini asserted the “Open Range” defense pursuant to NRS 568.360 claiming the total … [Continue reading]

Season’s Greetings

Seasons Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating … [Continue reading]