41.745 - Liability of employer for intentional conduct of employee; limitations. - Nevada Statutes

41.745  Liability of employer for intentional conduct of employee; limitations.

      1.  An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:

      (a) Was a truly independent venture of the employee;

      (b) Was not committed in the course of the very task assigned to the employee; and

      (c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his or her employment.

Ê For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.

      2.  Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of an employee.

      3.  For the purposes of this section:

      (a) “Employee” means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor, an employee of a university school for profoundly gifted pupils described in chapter 392A of NRS or a member of a board or commission or Legislator in this State.

      (b) “Employer” means any public or private employer in this State, including, without limitation, the State of Nevada, a university school for profoundly gifted pupils described in chapter 392A of NRS, any agency of this State and any political subdivision of the State.

      (c) “Immune contractor” has the meaning ascribed to it in subsection 3 of NRS 41.0307.

      (d) “Officer” has the meaning ascribed to it in subsection 4 of NRS 41.0307.

      (Added to NRS by 1997, 1357; A 2005, 2430)