Nev. Rev. Stat. » NRS: CHAPTER 42 - DAMAGES
Nevada Revised Statutes

Nev. Rev. Stat. § 42.010 (2026)

Exemplary and punitive damages: Injury caused by operation of vehicle after consumption or use of alcohol or another substance

✓ current as of July 2026
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NRS 42.010  Exemplary and punitive damages: Injury caused by operation of vehicle after consumption or use of alcohol or another substance.

      1.  In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.

      2.  The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.

      (Added to NRS by 1965, 1143; A 1967, 738; 1981, 1928; 1989, 487; 2005, 161; 2023, 677)

     

Notes of Decisions
Cited in 52 cases (4 in the last 5 years), 1969–2023 · leading case: Craigo v. Circus-Circus Enter., Inc., 786 P.2d 22 (Nev. 1990).
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Craigo v. Circus-Circus Enter., Inc., 786 P.2d 22 (Nev. 1990). · cites it 32× “" [1] *23 Circus-Circus agrees that the issue of focus on appeal is the availability of a punitive damage award based upon the circumstances of this case.”
Countrywide Home Loans, Inc. v. Thitchener, 192 P.3d 243 (Nev. 2008). · cites it 6× “36 In both of these cases, a divided court vigorously disputed the meaning of “malice, express or implied” under former NRS 42.010. Enacted in 1965, former NRS 42.”
Leslie v. Jones Chem. Co., Inc., 551 P.2d 234 (Nev. 1976). · cites it 16× “The district court found that the jury reasonably could conclude that the defendants consciously and deliberately disregarded known safety procedures regarding the handling of chlorine cylinders in reckless disregard of possible results, and that such evidence sufficiently…”
Granite Constr. Co. v. Rhyne, 817 P.2d 711 (Nev. 1991). · cites it 10× “005 (formerly NRS 42.010) (punitive damages awardable where defendant "guilty of .”
Nevada Cement Co. v. Lemler, 514 P.2d 1180 (Nev. 1973). · cites it 12× “The appellants, however, do contend that an identical compensatory damage award of $5,000 to each of the plaintiffs (total, $425,000) who were differently situated cannot stand.”
Ainsworth v. Combined Ins. Co. of Am., 774 P.2d 1003 (Nev. 1989). · cites it 4× “See also NRS 42.010. A plaintiff is therefore never entitled to punitive damages as a matter of right.”
Allen v. Anderson, 562 P.2d 487 (Nev. 1977). · cites it 4× “erson and Michael Ruark, while under the influence of alcohol, negligently and carelessly operated their vehicles in such a manner as to cause them to collide violently, and such negligence was the proximate cause of her injuries; (2) the intentionally dangerous and…”
Summa Corp. v. Greenspun, 607 P.2d 569 (Nev. 1980). · cites it 4× “NRS 42.010 designates the cases in which punitive damages may be awarded.”
Bernard v. Rockhill Dev. Co., 734 P.2d 1238 (Nev. 1987). · cites it 2× “The court further found that since the Bernards’ action against Rockhill was only for breach of an obligation arising from contract, the Bernards were precluded from recovering punitive damages under NRS 42.010. 1 The district court also dismissed Count II, the Bernards’ action…”
Nevada Credit Rating Bureau, Inc. v. Williams, 503 P.2d 9 (Nev. 1972). · cites it 4× “NRS 42.010 2 provides that punitive damages are recoverable where the defendant has been guilty of oppression, fraud or malice expressed or implied.”
Nevada Nat'l Bank v. Huff, 582 P.2d 364 (Nev. 1978). · cites it 3× “Was the Jury Properly Instructed on Punitive Damages? NNB next argues that even if the repossession was improper, the record is devoid of evidence upon which the district court could have based its instruction to the jury on punitive damages under NRS 42.”
Vill. Dev. Co. v. Filice, 526 P.2d 83 (Nev. 1974). · cites it 4× “" NRS 42.010. We have heretofore sustained awards of punitive damages where evidence showed the wrong was willful, and damage either intended or a necessary consequence.”
Show all 52 citing cases →
Nev. Rev. Stat. § 42.010(1): 2 cases
Jeremiah B. v. State, 823 P.2d 883 (Nev. 1991).
Austin v. C & L Trucking, Inc., 610 F. Supp. 465 (D. Nev. 1985).
Nev. Rev. Stat. § 42.010(2): 2 cases
Craigo v. Circus-Circus Enter., Inc., 786 P.2d 22 (Nev. 1990). “" [1] *23 Circus-Circus agrees that the issue of focus on appeal is the availability of a punitive damage award based upon the circumstances of this case.”
Austin v. C & L Trucking, Inc., 610 F. Supp. 465 (D. Nev. 1985).
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