Nev. Rev. Stat. » NRS: CHAPTER 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
Nevada Revised Statutes

Nev. Rev. Stat. § 41.033 (2026)

Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters

✓ current as of July 2026
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NRS 41.033  Failure to inspect or discover hazards, deficiencies or other matters; inspection does not create warranty or assurance concerning hazards, deficiencies or other matters.

      1.  No action may be brought under NRS 41.031 or against an officer or employee of the State or any of its agencies or political subdivisions which is based upon:

      (a) Failure to inspect any building, structure, vehicle, street, public highway or other public work, facility or improvement to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect; or

      (b) Failure to discover such a hazard, deficiency or other matter, whether or not an inspection is made.

      2.  An inspection conducted with regard to a private building, structure, facility or improvement constitutes a public duty and does not warrant or ensure the absence of any hazard, deficiency or other matter.

      (Added to NRS by 1965, 1413; A 1967, 993; 1977, 1537; 1993, 2886)

     

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1970–2023 · leading case: Chastain v. Clark Cnty. Sch. Dist., 866 P.2d 286 (Nev. 1993).
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Chastain v. Clark Cnty. Sch. Dist., 866 P.2d 286 (Nev. 1993). · cites it 38× “CCSD argued that an exception to the legislature's waiver of sovereign immunity—NRS 41.033—barred Jennifer's action because CCSD had no notice of the alleged hazardous conditions prior to the accident.”
Nardozzi v. Clark Cnty. Sch. Dist., 823 P.2d 285 (Nev. 1992). · cites it 14× “CCSD denied any knowledge of the alleged hazardous condition and claimed total immunity under NRS 41.033. The district court granted CCSD's motion for summary judgment.”
Lotter v. Clark Cnty. Ex Rel. Bd. of Commissioners, 793 P.2d 1320 (Nev. 1990). · cites it 7× “Clark County subsequently moved for summary judgment, arguing that: (1) pursuant to NRS 41.033, it is immune from liability for failure to inspect or negligent inspection; and (2) Lotter’s claim is barred because the *368 applicable statute of repose, NRS 11.”
Calloway v. City of Reno, 993 P.2d 1259 (Nev. 2000). · cites it 2× “My clear preference is to provide a remedy, be it tort or contract, in all construction defect cases whether the loss is considered the result of a breach of contract or negligent conduct. This can be done simply by refusing to apply the economic loss doctrine to construction…”
Crucil v. Carson City, 600 P.2d 216 (Nev. 1979). · cites it 5× “Having eliminated that allegation from the complaint, the district court treated the complaint as alleging only that the respondent city failed to discover the downed stop sign.”
ASAP Storage, Inc. v. City of Sparks, 173 P.3d 734 (Nev. 2007). · cites it 2× “032 and NRS 41.033. [41] The district court then granted Carson City's motion for summary judgment.”
Butler v. Bogdanovich, 705 P.2d 662 (Nev. 1985). · cites it 2× “The district court granted summary judgment in favor of the County on the ground the County was immune from suit under NRS 41.033. 1 The court reasoned that the County did not owe a duty of care to appellants *451 because there was no evidence that the County had actual…”
Schroeder v. Ely City Mun. Water Dep't, 910 P.2d 260 (Nev. 1996). · cites it 12× “The district court granted summary judgment in favor of Ely and its Water Department and denied Schroeder’s and Nelson’s cross-motion for summary judgment on the basis that NRS 41.033 provides Ely and its Water Department with immunity from liability.”
Williams v. City of North Las Vegas, 541 P.2d 652 (Nev. 1975). · cites it 7× “032 and NRS 41.033. The motion was granted in November of 1973.”
Nylund v. Carson City, 34 P.3d 578 (Nev. 2001). · cites it 2× “032 and NRS 41.033. Carson City supported the motion with the affidavits of two city employees, climatological reports, and records showing that the city had declared the flood an emergency.”
Fischmann v. City of Henderson, 556 P.2d 923 (Nev. 1976). · cites it 3× “Nevertheless, the Fischmanns brought this action claiming negligence on the part of the City in the maintenance and operation of the sewer system. In 1965 the State of Nevada waived its immunity from suit and liability by enacting NRS 41.”
Tahoe Vill. Homeowners Ass'n v. Douglas Cnty., 799 P.2d 556 (Nev. 1990). “NRS 41.033 provides the County immunity from liability in actions based upon failure to inspect or negligent inspections.”
Show all 21 citing cases →
— Nev. Rev. Stat. § 41.033(1) — 1 case
Uthman v. Magnetek, Inc. (D. Nev. 2023).
— Nev. Rev. Stat. § 41.033(l) — 1 case
Van Meter v. City of Wells, 958 F. Supp. 2d 1178 (D. Nev. 2013).
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