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

Nev. Rev. Stat. § 41.440 (2026)

Imposition of liability

✓ current as of July 2026
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NRS 41.440  Imposition of liability.  Any liability imposed upon a spouse, son, daughter, parent, brother, sister or other immediate member of a family arising out of his or her driving and operating a motor vehicle with the permission, express or implied, of such owner is hereby imposed upon the owner of the motor vehicle, and such owner shall be jointly and severally liable with his or her spouse, son, daughter, parent, brother, sister or other immediate member of a family for any damages proximately resulting from such negligence or willful misconduct, and such negligent or willful misconduct shall be imputed to the owner of the motor vehicle for all purposes of civil damages.

      (Added to NRS by 1957, 60; A 2009, 3104; 2011, 292; 2017, 777)

     

Notes of Decisions
Cited in 16 cases, 1966–2020 · leading case: Arata v. Faubion, 161 P.3d 244 (Nev. 2007).
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Arata v. Faubion, 161 P.3d 244 (Nev. 2007). · cites it 34× “: In this appeal, we consider the constitutionality of NRS 41.440, which imposes vicarious liability on motor vehicle owners who *156 loan their vehicles to immediate family members.”
Molino v. Asher, 618 P.2d 878 (Nev. 1980). · cites it 6× “Prior to the first appeal, the trial court had entered summary *816 judgment in favor of respondents, concluding that the Nevada Industrial Insurance Act exempted respondent Emma Asher from suit and that NRS 41.440 was inapplicable to Wayne Asher, notwithstanding his…”
Allen v. Anderson, 562 P.2d 487 (Nev. 1977). · cites it 3× “010, thus, punitive damages were warranted; 1 and, (3) Neale Ruark was liable pursuant to NRS 41.440 for any judgment against his son, Michael.”
White v. Yup, 458 P.2d 617 (Nev. 1969). · cites it 3× “In other words, the third-party plaintiff or defendant may use NRS 41.”
Barr v. Gaines, 746 P.2d 634 (Nev. 1987). · cites it 9× “See NRS 41.440. Rather than answering the complaint, respondent filed a motion for summary judgment.”
Summa Corp. v. Greenspun, 607 P.2d 569 (Nev. 1980). · cites it 2× “Thus, we said, punitive damages may neither be recovered from the tortfeasor's estate, nor from one who, as a family member owning the car driven by the decedent, is made vicariously liable by NRS 41.440 for the tortfeasor's misconduct.”
Garcia Vs. Awerbach, 2020 NV 27 (Nev. 2020). · cites it 2× “Emilia filed an amended complaint against Jared for negligence and driving under the influence, against Andrea for negligent entrustment and liability under NRS 41.440, and against both parties for punitive damages.”
Peterson v. Miranda, 57 F. Supp. 3d 1271 (D. Nev. 2014). · cites it 2× “On June 5, 2013, the Petersons filed a second amended complaint against defendants alleging thirteen causes of action: (1) negligence against all defendants; (2) negligence against Eric Miranda and Chary Alvarado Miranda (“Miranda’s parents”); (3) violation of NRS § 41.440…”
Young v. Beck, 251 P.3d 380 (Ariz. 2011). “09(5a) (West 2010) (holding owner liable for negligence of all permissive users); Nev.Rev.Stat. § 41.440 (2010) (holding owner of vehicle jointly liable for negligence of any family member using car with permission); N.”
Hahn v. Yackley, 436 P.2d 215 (Nev. 1968). · cites it 4× “Hahn under the family responsibility doctrine, NRS 41.440? (4) Was the lower court correct in requiring Peggy Charlene Hahn, appellant, to return to Nevada at her own expense, furnish a court reporter, and otherwise finance part of respondent's pretrial discovery costs?…”
Peterson v. Miranda, 991 F. Supp. 2d 1109 (D. Nev. 2014). · cites it 2× “On June 5, 2013, the Petersons filed a second amended complaint against defendants alleging thirteen causes of action: (1) negligence against all defendants; (2) negligence against Eric Miranda and Chary Alvarado Miranda (“Miranda’s parents”); (3) violation of NRS § 41.440…”
Borgerson v. Scanlon, 19 P.3d 236 (Nev. 2001). “NRS 41.440; see also Barr v. Gaines, 103 Nev.”
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