NRS
41.1395 Action for damages for injury or loss suffered by older or
vulnerable person from abuse, neglect or exploitation; double damages;
attorney’s fees and costs.
1. Except as otherwise provided in
subsection 3, if an older person or a vulnerable person suffers a personal
injury or death that is caused by abuse or neglect or suffers a loss of money
or property caused by exploitation, the person who caused the injury, death or
loss is liable to the older person or vulnerable person for two times the
actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance
of the evidence that a person who is liable for damages pursuant to this
section acted with recklessness, oppression, fraud or malice, the court shall
order the person to pay the attorney’s fees and costs of the person who
initiated the lawsuit.
3. The provisions of this section do not
apply to a person who caused injury, death or loss to a vulnerable person if
the person did not know or have reason to know that the harmed person was a
vulnerable person.
4. For the purposes of this section:
(a) “Abuse” means willful and unjustified:
(1) Infliction of pain, injury or mental
anguish; or
(2) Deprivation of food, shelter, clothing
or services which are necessary to maintain the physical or mental health of an
older person or a vulnerable person.
(b) “Exploitation” means any act taken by a
person who has the trust and confidence of an older person or a vulnerable
person or any use of the power of attorney or guardianship of an older person
or a vulnerable person to:
(1) Obtain control, through deception,
intimidation or undue influence, over the money, assets or property of the
older person or vulnerable person with the intention of permanently depriving
the older person or vulnerable person of the ownership, use, benefit or
possession of that person’s money, assets or property; or
(2) Convert money, assets or property of
the older person with the intention of permanently depriving the older person
or vulnerable person of the ownership, use, benefit or possession of that
person’s money, assets or property.
Ê As used in
this paragraph, “undue influence” does not include the normal influence that
one member of a family has over another.
(c) “Neglect” means the failure of a person who
has assumed legal responsibility or a contractual obligation for caring for an
older person or a vulnerable person, or who has voluntarily assumed
responsibility for such a person’s care, to provide food, shelter, clothing or
services within the scope of the person’s responsibility or obligation, which
are necessary to maintain the physical or mental health of the older person or
vulnerable person. For the purposes of this paragraph, a person voluntarily
assumes responsibility to provide care for an older or vulnerable person only
to the extent that the person has expressly acknowledged the person’s
responsibility to provide such care.
(d) “Older person” means a person who is 60 years
of age or older.
(e) “Vulnerable person” means a person who:
(1) Has a physical or mental impairment
that substantially limits one or more of the major life activities of the
person; and
(2) Has a medical or psychological record
of the impairment or is otherwise regarded as having the impairment.
Ê The term
includes, without limitation, a person who has an intellectual disability, a
person who has a severe learning disability, a person who suffers from a severe
mental or emotional illness or a person who suffers from a terminal or
catastrophic illness or injury.
(Added to NRS by 1997,
3344; A 2003,
492; 2013,
681)
Notes of Decisions
Yafchak v. S. Las Vegas Med. Inv'rs, 2022 NV 70 (Nev. 2022).
· cites it 6× “: In this opinion we both clarify the relationship between Nevada's professional negligence statutes, NRS Chapter 41A, and Nevada's elder abuse statute, NRS 41.1395, and also discuss their application to claims against skilled nursing home facilities.”
Baymiller v. Ranbaxy Pharm., Inc., 894 F. Supp. 2d 1302 (D. Nev. 2012).
· cites it 10× “600; and (7) statutory abuse and neglect of a person older than 60 years old pursuant to NRS § 41.1395. (Id. at 17-26). This Court granted the parties’ stipulations to dismiss Defendants Ranbaxy Pharmaceutical, Inc.”
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
· cites it 2× “) And while NRCP 17(a) permits a party to "sue in their own names without joining the person for whose benefit the action is broughe under certain circumstances, none of those circumstances exist here.”
Coffee v. Wyndham Vacation Resorts, Inc. (D. Nev. 2021).
· cites it 13× “0915, fraud, and elder abuse under NRS § 41.1395. 18 Wyndham and Worldmark move to dismiss, arguing that the Coffees’ claims are 19 untimely.”
Phipps ex rel. M.P. v. Clark Cnty. Sch. Dist., 164 F. Supp. 3d 1220 (D. Nev. 2016).
· cites it 12× “§ 1983 against CCSD and the Officer Defendants; (2) a claim of battery against CCSD and Defendant James; (3) a request for punitive damages; and (4) a request for enhanced damages pursuant Nev. Rev. Stat. § 41.1395 . (Am. Compl. ¶¶ 45-75).”
Redbird v. Las Vegas Metro. Police Dep't (D. Nev. 2021).
· cites it 7× “Abuse or Neglect of a Vulnerable Person 2 Redbird brings a claim under Nevada Revised Statutes § 41.1395, which provides 3 protection for “vulnerable” persons.”
Warren v. Dollar Tree. AL. (D. Nev. 2024).
· cites it 7× “Warren’s Claim for Violation of NRS § 41.1395 22 Warren’s first claim asserts a violation of NRS § 41.”
Matsugishi v. Chen (D. Nev. 2025).
· cites it 7× “22 92 Nev. Rev. Stat. § 41.1395 (1). 23 93 See, e.”
Lasko v. Caliber Home Loans, Inc. (D. Nev. 2020).
· cites it 6× “); and (4) attempting to foreclose on a loan is not conduct 11 that can support an elder abuse claim under NRS § 41.1395, (Caliber MTD at 27:9–28:2).”
8 Mine, LLC v. The Eljen Grp., LLC (D. Nev. 2020).
· cites it 6× “Count VII 20 Jennings argues that NRS 41.1395 is designed to protect vulnerable persons, including 21 older persons, from loss of money or property by exploitation.”
8 Mine, LLC v. The Eljen Grp., LLC (D. Nev. 2021).
· cites it 6× “010(2)(b), NRS 41.1395, the promissory note entered into with Elkins, Lente and 16 Harper, and Nevada Rule of Civil Procedure 68.”
— Nev. Rev. Stat. § 41.1395(1) — 15 cases
Reynolds Vs. Tufenkjian, 2020 NV 19 (Nev. 2020).
“) And while NRCP 17(a) permits a party to "sue in their own names without joining the person for whose benefit the action is broughe under certain circumstances, none of those circumstances exist here.”
Yafchak v. S. Las Vegas Med. Inv'rs, 2022 NV 70 (Nev. 2022).
“: In this opinion we both clarify the relationship between Nevada's professional negligence statutes, NRS Chapter 41A, and Nevada's elder abuse statute, NRS 41.1395, and also discuss their application to claims against skilled nursing home facilities.”
Baymiller v. Ranbaxy Pharm., Inc., 894 F. Supp. 2d 1302 (D. Nev. 2012).
“600; and (7) statutory abuse and neglect of a person older than 60 years old pursuant to NRS § 41.1395. (Id. at 17-26). This Court granted the parties’ stipulations to dismiss Defendants Ranbaxy Pharmaceutical, Inc.”
Coffee v. Wyndham Vacation Resorts, Inc. (D. Nev. 2021).
“0915, fraud, and elder abuse under NRS § 41.1395. 18 Wyndham and Worldmark move to dismiss, arguing that the Coffees’ claims are 19 untimely.”
— Nev. Rev. Stat. § 41.1395(2) — 3 cases
8 Mine, LLC v. The Eljen Grp., LLC (D. Nev. 2021).
“010(2)(b), NRS 41.1395, the promissory note entered into with Elkins, Lente and 16 Harper, and Nevada Rule of Civil Procedure 68.”
— Nev. Rev. Stat. § 41.1395(4)(a) — 3 cases
— Nev. Rev. Stat. § 41.1395(4)(a)(1) — 2 cases
Lasko v. Caliber Home Loans, Inc. (D. Nev. 2020).
“); and (4) attempting to foreclose on a loan is not conduct 11 that can support an elder abuse claim under NRS § 41.1395, (Caliber MTD at 27:9–28:2).”
— Nev. Rev. Stat. § 41.1395(4)(a)(l) — 1 case
Baymiller v. Ranbaxy Pharm., Inc., 894 F. Supp. 2d 1302 (D. Nev. 2012).
“600; and (7) statutory abuse and neglect of a person older than 60 years old pursuant to NRS § 41.1395. (Id. at 17-26). This Court granted the parties’ stipulations to dismiss Defendants Ranbaxy Pharmaceutical, Inc.”
— Nev. Rev. Stat. § 41.1395(4)(b) — 3 cases
8 Mine, LLC v. The Eljen Grp., LLC (D. Nev. 2020).
“Count VII 20 Jennings argues that NRS 41.1395 is designed to protect vulnerable persons, including 21 older persons, from loss of money or property by exploitation.”
— Nev. Rev. Stat. § 41.1395(4)(c) — 2 cases
Baymiller v. Ranbaxy Pharm., Inc., 894 F. Supp. 2d 1302 (D. Nev. 2012).
“600; and (7) statutory abuse and neglect of a person older than 60 years old pursuant to NRS § 41.1395. (Id. at 17-26). This Court granted the parties’ stipulations to dismiss Defendants Ranbaxy Pharmaceutical, Inc.”
— Nev. Rev. Stat. § 41.1395(4)(d) — 1 case
8 Mine, LLC v. The Eljen Grp., LLC (D. Nev. 2020).
“Count VII 20 Jennings argues that NRS 41.1395 is designed to protect vulnerable persons, including 21 older persons, from loss of money or property by exploitation.”
— Nev. Rev. Stat. § 41.1395(4)(e) — 2 cases
— Nev. Rev. Stat. § 41.1395(b) — 1 case
— Nev. Rev. Stat. § 41.1395(d) — 1 case
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