Contract Fraud Estate State
Practice Areas
Location

Las Vegas, Nevada

8965 South Eastern Ave. Suite 260

Las Vegas, Nevada 89123

Phone: (702) 614-0600

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Lead Attorney

Robert Atkinson

Mr. Atkinson is highly experienced in commercial litigation. For more information click here

Resources

Negligence & Negligence per se

Negligence is actionable when a person breaches a duty of care that results in damage or injury.

The elements of negligence are:

  1. The existence of a duty of care;
  2. Breach of that duty;
  3. Legal causation; and
  4. Damages.

Sanchez ex rel. Sanchez v. Wal-Mart Stores, Inc., 221 P.3d 1276, 1283 (Nev. 2009).

Negligence per se is a special type of negligence where, under certain circumstances, a party’s violation of a civil statute establishes the elements of the existence and breach of a duty of care.

For a civil statute to establish the existence of a duty of care under negligence per se:

  1. The injured party must be in the class of persons whom the statute is intended to protect; and
  2. The injury is of the type against which the statute is intended to protect.

Sanchez ex rel. Sanchez v. Wal-Mart Stores, Inc., 221 P.3d 1276, 1283 (Nev. 2009).