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

Nev. Rev. Stat. § 41.0336 (2026)

Acts or omissions of firefighters or law enforcement officers

✓ current as of July 2026
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NRS 41.0336  Acts or omissions of firefighters or law enforcement officers.  A fire department or law enforcement agency is not liable for the negligent acts or omissions of its firefighters or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless:

      1.  The firefighter, officer or other person made a specific promise or representation to a natural person who relied upon the promise or representation to the person’s detriment; or

      2.  The conduct of the firefighter, officer or other person affirmatively caused the harm.

Ê The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.

      (Added to NRS by 1987, 216; A 2005, 317)

     

Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1992–2025 · leading case: Coty v. Washoe Cnty., 839 P.2d 97 (Nev. 1992).
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Coty v. Washoe Cnty., 839 P.2d 97 (Nev. 1992). · cites it 40× “These exceptions were codified in 1987 in NRS 41.0336. [4] The phrase "affirmatively caused the harm" is not defined in NRS 41.”
Schneider v. Elko Cnty. Sheriff's Dep't, 17 F. Supp. 2d 1162 (D. Nev. 1998). · cites it 3× “The two Nevada Supreme Court cases to have been presented with the question of a sheriffs department’s capacity to be sued under NRS 41.0336 completely ignored the issue.”
Snyder v. Viani, 885 P.2d 610 (Nev. 1994). · cites it 2× “With regard to her negligence claim against the Sheriff’s Department and its officers, NRS 41.0336 provides that a law enforcement agency and its officers are not liable for negligent acts or omissions unless the victim detrimentally relied on the agency’s or officers’…”
Porchia v. City of Las Vegas, 2022 NV 4 (Nev. 2022). · cites it 8× “The district court granted respondents motion to dismiss, concluding that, as a matter of law, respondents could not be held liable for damages based on the public duty doctrine, NRS 41.0336, and the Good Samaritan statute, NRS 41.”
Lawrence v. Las Vegas Metro. Police Dep't (D. Nev. 2020). · cites it 4× “Nev. Rev. Stat. § 41.0336 .(2). 13 Plaintiffs argue that a reasonable juror could find that a special relationship could have 14 been created between Montana and Childress when Montana began to pursue Childress and called 15 for LVMPD reinforcements.”
Chelsea Roberts, Individually, & as heir of G.E.D, a minor v. Nye Cnty. (D. Nev. 2024). · cites it 4× “4 Nev. Rev. Stat. § 41.0336 .(2). 5 The term “affirmatively caused the harm,” as used in NRS Section 41.”
Reid v. Phillips (D. Nev. 2021). · cites it 3× “Reid 20 does not allege that either of the exceptions to NRS § 41.0336 apply. He merely states that his 21 negligence claim should be submitted to a jury.”
Miller v. Nye Cnty. (D. Nev. 2020). · cites it 2× “7 A few months passed before the County issued a press 11 release about the shooting and cremation.8 In the release, the County stated that Deputy Tolle 12 was given remedial training and that the County placed the employee who cremated Blu on leave 13 pending an internal…”
Miller v. Nye Cnty. (D. Nev. 2019). “§ 41.0336 33 (BY GARY MILLER AGAINST ALL DEFENDANTS) 24 101.”
Thornal v. Pitts (D. Nev. 2019). “§41.0336, 19 which states that a “law enforcement agency” is not liable for the negligence of its officers unless 20 (1) an officer made a promise subsequently relied on by the plaintiff or (2) the officer affirmatively 21 caused the plaintiff’s injury.”
J. Chris Lane v. Kentucky Dep't of Corr. (Ky. Ct. App. 2025). “14 Some states, like Michigan, limit the doctrine’s reach to the actions of police officers.”
Reed v. Avis Rent-A-Car, 29 F. Supp. 2d 1121 (N.D. Cal. 1998). “” Nev.Rev.Stat. § 41.0336. 3 As neither of these exceptions is applicable here, a state or local government would not be liable for the negligence of its officers.”
— Nev. Rev. Stat. § 41.0336(1) — 2 cases
Coty v. Washoe Cnty., 839 P.2d 97 (Nev. 1992). “These exceptions were codified in 1987 in NRS 41.0336. [4] The phrase "affirmatively caused the harm" is not defined in NRS 41.”
Lawrence v. Las Vegas Metro. Police Dep't (D. Nev. 2020). “Nev. Rev. Stat. § 41.0336 .(2). 13 Plaintiffs argue that a reasonable juror could find that a special relationship could have 14 been created between Montana and Childress when Montana began to pursue Childress and called 15 for LVMPD reinforcements.”
— Nev. Rev. Stat. § 41.0336(2) — 3 cases
Coty v. Washoe Cnty., 839 P.2d 97 (Nev. 1992). “These exceptions were codified in 1987 in NRS 41.0336. [4] The phrase "affirmatively caused the harm" is not defined in NRS 41.”
Chelsea Roberts, Individually, & as heir of G.E.D, a minor v. Nye Cnty. (D. Nev. 2024). “4 Nev. Rev. Stat. § 41.0336 .(2). 5 The term “affirmatively caused the harm,” as used in NRS Section 41.”
Lawrence v. Las Vegas Metro. Police Dep't (D. Nev. 2020). “Nev. Rev. Stat. § 41.0336 .(2). 13 Plaintiffs argue that a reasonable juror could find that a special relationship could have 14 been created between Montana and Childress when Montana began to pursue Childress and called 15 for LVMPD reinforcements.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.