In Nevada, failing to act when you have a legal duty to do so can lead to serious legal issues. This inaction is known as nonfeasance. It occurs when not doing something causes harm or loss.
Even though it’s not active wrongdoing, the law recognizes that failing to act can be just as harmful. Understanding how Nevada handles these situations is helpful if you’re involved in a civil dispute or face potential liability.
Legal Elements in Nevada
Nonfeasance in Nevada means failing to perform a legally required duty. This duty can come from laws, regulations, contracts, or common law. If a law uses the word shall, it often creates a duty that must be followed.
A main part of proving nonfeasance is showing a duty of care. Generally, individuals are not required to help others in danger. However, Nevada law makes exceptions if a special relationship exists. These relationships, which create a positive duty to act, include those between an innkeeper and a guest, a teacher and a student, or an employer and an employee. The Nevada Supreme Court has affirmed that such relationships require taking action to help someone in danger.1Justia US Law. Lee v. GNLV Corp. (2000) The amount of control one person has over another in the relationship can also determine if a duty to protect exists.
For an omission to be considered nonfeasance, it must be a significant failure, not a minor oversight. For example, a public official failing to perform a key legal duty could be nonfeasance. It’s important to distinguish nonfeasance (failing to act) from misfeasance (acting improperly) and malfeasance (acting wrongfully).
Civil Claims
Failing to act when there’s a legal duty can lead to civil claims in Nevada, most often for negligence. To win a negligence claim, a plaintiff must show that the defendant owed them a duty of care, breached this duty by not acting, and that this failure directly caused the plaintiff’s injuries or damages.
For example, property owners have a duty to keep their property reasonably safe. If they know about a hazard and do nothing, and someone gets hurt, they could be sued. Similarly, a business might have a duty to help a patron in distress.
Some Nevada laws create duties where failing to act can lead to civil liability. If a law is meant to protect a certain group from a specific harm, not doing what the law requires can be considered negligence per se (negligence in itself). If this happens, the court may find the defendant negligent if the plaintiff shows the violation of the law caused their injuries. For instance, if a landlord doesn’t install required smoke detectors and a tenant is injured in a fire, this could be negligence per se.2Nevada Public Law. NRS 477.140 – Smoke Detectors Proving the breach of duty is easier in these cases, though causation and damages still need to be shown.
In professional fields, nonfeasance can result in malpractice claims. Professionals like doctors, lawyers, and accountants must provide services with the standard skill and care expected in their field. If they omit a necessary action—like a doctor not ordering a standard test or a lawyer missing a deadline—it can be professional negligence. These claims often require expert testimony to establish the standard of care and show it was breached by the inaction.
Criminal Charges
In some cases, failing to act in Nevada can lead to criminal charges, not just civil lawsuits. This generally occurs when a state law requires an action and makes it a crime not to perform it, often due to higher blame or strong public interest.
Public officials and employees in Nevada can face criminal prosecution for inaction. For instance, Nevada Revised Statute (NRS) 197.200 states that a public officer’s willful neglect of duty or nonfeasance in office can be a gross misdemeanor. NRS 281.230 also makes willful neglect of a legal duty by a public officer or employee a misdemeanor, or sometimes a gross misdemeanor.3Nevada Public Law. NRS 281.230 – Unlawful Commissions, Personal Profit and Compensation of Public Officers and Employees The term willful in these laws means that intentional or knowing inaction is usually necessary for criminal charges, not just a simple mistake.
Criminal charges for nonfeasance can also apply to private citizens. Nevada law requires individuals to take certain actions, and failing to do so can be a crime. Mandatory reporting laws are a prime example. NRS 432B.220 requires many professionals and any person who reasonably believes a child is being abused or neglected to report it.4Justia US Law. Nevada Revised Statutes § 432B.220 (2024) – Persons Required to Make Report Willful failure to make this report is a misdemeanor.
Possible Defenses
Several defenses can be used against nonfeasance claims in Nevada. One common approach is to argue that no legal duty to act existed. If the duty didn’t come from a law, contract, or a recognized special relationship, the claim might not succeed.
Even if a duty existed, a defendant could argue it wasn’t breached. This might be because the action wasn’t reasonably necessary, or they didn’t know about the situation requiring action (e.g., a property owner unaware of a hazard). Government agencies and employees might have immunity under NRS 41.032 for discretionary functions, meaning decisions based on policy judgment, as long as no mandatory directive was violated.5Nevada Public Law. NRS 41.032 – Acts or Omissions of Officers, Employees and Immune Contractors
Another defense is to challenge causation, arguing that the inaction, even if a breach of duty, didn’t directly cause the plaintiff’s harm. An independent event that broke the chain of causation (an intervening cause) could relieve the defendant of liability.
Nevada’s Good Samaritan laws, like NRS 41.500, protect individuals from civil liability for actions or omissions when voluntarily providing emergency care in good faith and without gross negligence.6Nevada Public Law. NRS 41.500 – Good Samaritan Law: General Rule This protection is relevant if nonfeasance allegations arise from emergency aid situations.
Nevada’s modified comparative negligence rule (NRS 41.141) can also impact a claim.7Nevada Public Law. NRS 41.141 – When Comparative Negligence Not Bar to Recovery If the injured person is partly responsible for their own injuries, their compensation may be reduced or denied. Plaintiffs can recover damages if their negligence is not greater than the defendant’s, but the amount will be reduced by their percentage of fault. If the plaintiff’s negligence is greater, they cannot recover damages. While not a complete defense to nonfeasance, this rule can significantly change a civil claim’s outcome.
Damages
If nonfeasance causes harm and leads to a successful civil claim in Nevada, the usual remedy is monetary damages. The type and amount of damages depend on the nature and extent of the harm.
Compensatory damages are intended to cover the injured party’s losses. These include economic damages for measurable financial losses, such as medical bills, lost wages, or property repair costs (NRS 42.001 defines these as verifiable monetary losses). Compensatory damages also include non-economic damages for intangible losses like physical pain, emotional distress, or loss of enjoyment of life. Nevada law sometimes limits non-economic damages; for example, NRS 41A.035 caps them in medical malpractice cases at $350,000, unless there are specific circumstances like gross malpractice.8Nevada Public Law. NRS 41A.035 – Limitation on Amount of Award for Noneconomic Damages This cap is relevant if nonfeasance, such as a failure to provide necessary treatment, occurs in healthcare.
Punitive damages (also called exemplary damages) may be awarded if the nonfeasance involved particularly bad conduct. These damages are meant to punish the defendant and discourage similar behavior, not just to compensate the plaintiff. Under NRS 42.005, punitive damages require clear proof of oppression, fraud, or malice.9Nevada Public Law. NRS 42.005 – Exemplary and Punitive Damages: In General Simple inaction usually isn’t enough, but willful disregard for others’ rights or safety might qualify. Nevada also has caps on punitive damages, generally three times the compensatory damages (if $100,000 or more) or $300,000 (if compensatory damages are less).10Justia US Law. Nevada Revised Statutes § 42.005 (2024) – Exemplary and Punitive Damages: Limitations on Amount of Award
If nonfeasance breaches a legal duty but doesn’t cause significant harm or provable loss, a court might award nominal damages. This is a small sum that acknowledges a legal right was violated, even if there was little financial impact.