Under the right set of facts, the owner of a car can be liable for the driver’s actions. CLICK HERE. So you ask, just who is the “owner” of a vehicle in Nevada for liability purposes? This precise issue was raised in the Nevada Supreme Court case of Barr v. Gaines, 103 Nev. 548, 746 P.2d 634 (1987). In Barr, an injured motorist brought suit against the father of the driver of a car, arguing that, as the registered owner of the car, the father was vicariously liable. The father argued … [Read more...]
Archives for 2009
Limitations To Nevada’s “Good Samaritan” Statute
June 17, 2009 by
Most if not all states have some sort of “Good Samaritan” law. These laws protect the “Good Samaritan” from later legal action against them if they negligently cause harm to the party they are trying to help. Lawmakers believe that this type of protection will encourage people to give help in an emergency. Nevada’s “Good Samaritan” law, N.R.S. 41.500, was at issue in the Nevada Supreme Court case of Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989). The Buck case involves an automobile … [Read more...]
Worker’s Compensation Insurance Protects Contractors From Lawsuits Brought By Its Employees Injured On The Job And That Same Immunity May Extend To Homeowners Who Hire Those Contractors
May 21, 2009 by
When a boss buys worker’s compensation insurance, he gets two very important benefits. First, worker’s compensation insurance will pay the medical bills of employees who are hurt on the job. Second, the boss is buying for itself immunity from lawsuits brought by the employees who are injured at work. See, Tucker v. Action Equipment and Scaffold Co., 113 Nev. 1349, 951 P.2d 1027 (1997). But what happens when the employee is doing work for the boss on someone else’s property? Does the boss’s … [Read more...]
Links to Related Blog Posts
April 6, 2009 by
Recently on the Mills and Associates Nevada Trucking Law Blog, we posted the following 3 items of interest to readers of this blog. For your convenience... Service of Process Through DMV: Common errors made by Plaintiff's counsel An Expert is an Expert?: Clarifying expertise, credentials and qualifications Peremptory Challenge: When to consider and how to request a different judge Negligent Hiring: Viable cause of Action in Nevada? Respondeat Superior: Vicarious liability … [Read more...]
Res Ipsa Loquitur And Comparative Fault
March 10, 2009 by
If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover. One of those alternative theories is res ipsa loquitur. Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”. In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence. The … [Read more...]
