Nonfeasance is a legal concept that describes a failure to act when a legal duty required action. In Nevada, this principle of inaction can lead to legal consequences, particularly within the framework of negligence law. Understanding when a failure to act crosses the line into a legally recognizable claim is important for both private citizens and public officials.
Understanding Nonfeasance Under Nevada Law
In Nevada, nonfeasance is the failure to perform an act that one has a legal duty to carry out. It is about omission rather than a wrongful action, which distinguishes it from related concepts. Misfeasance involves performing a lawful act improperly, while malfeasance is the commission of an act that is altogether unlawful.
This concept is tied to tort law, specifically claims of negligence. While a person does not have a legal obligation to assist another, nonfeasance becomes relevant when a specific duty has been established. Nevada’s legal framework provides the context for determining when inaction becomes a breach of a legal duty.
The Critical Element of a Legal Duty to Act
For a nonfeasance claim to be successful in Nevada, the existence of a legal duty to act is required. Without a recognized duty, there can be no liability for failing to act. These duties can arise from several sources, including Nevada Revised Statutes (NRS) which impose specific obligations. For instance, public officials have duties defined by their roles, and failing to perform these can constitute nonfeasance.1Nevada Legislature. NRS: Chapter 281 – General Provisions
A duty to act can also be established through a “special relationship.” Nevada law recognizes that certain relationships create a duty to provide aid, such as an innkeeper to a guest, a bus service to its passengers, or a business owner to customers.2Nevada Legislature. NRS: Chapter 651 – Public Accommodations3Nevada Legislature. NRS: Chapter 706 – Motor Carriers A contractual agreement can also create a legally enforceable duty to perform a specific action.
Parties Potentially Liable for Nonfeasance in Nevada
A range of individuals and entities can be held liable for nonfeasance in Nevada. Public officials and government bodies are frequently the subject of such claims for failing to perform a mandatory, non-discretionary function outlined in statutes and ordinances.
Private individuals and corporations can also be held liable. For example, a property manager who fails to address a known safety hazard, like a broken staircase, could be liable if someone is injured. Similarly, a security company that contractually agrees to monitor an area but fails to do so, leading to a theft or assault, could face a nonfeasance claim.
Establishing a Claim for Nonfeasance in Nevada
To successfully bring a nonfeasance claim in a Nevada court, a plaintiff must prove several elements by a “preponderance of the evidence,” meaning it is more likely than not that their claims are true.4Nevada Legislature. NRS: Chapter 233B – Nevada Administrative Procedure Act The plaintiff must establish the following:
- The defendant owed them a specific legal duty to act, based on a statute, contract, or special relationship.
- The defendant breached this duty through inaction or omission.
- The defendant’s failure to act was a direct and proximate cause of the harm suffered, meaning the harm would not have occurred “but for” the inaction.
- Evidence of actual damages, such as medical expenses, lost wages, or property damage, that resulted from the nonfeasance.
Legal Recourse for Proven Nonfeasance
When a claim of nonfeasance is successfully proven in Nevada, the primary form of legal recourse is the awarding of monetary damages. Compensatory damages can cover a wide range of losses, including quantifiable economic costs like medical bills and lost income, as well as non-economic damages for pain, suffering, and emotional distress.
In some limited circumstances, a court might grant injunctive relief, which is a court order compelling the defendant to perform the act they failed to do. This remedy is less common in cases that have already resulted in harm but could be used to prevent future harm from an ongoing failure to perform a duty.5Nevada Legislature. Nevada Rules of Civil Procedure