NRS 41.1399
Action by victim of human trafficking

  • venue
  • damages and other relief
  • attorney’s fees and costs
  • statute of limitations
  • joinder of parties
  • limitation on defenses.

1.

Any person who is a victim of human trafficking may bring a civil action against any person who caused, was responsible for or profited from the human trafficking.

2.

A civil action brought under this section may be instituted in the district court of this State in the county in which the prospective defendant resides or has committed any act which subjects him or her to liability under this section.

3.

In an action brought under this section, the court may award such injunctive relief as the court deems appropriate.

4.

A plaintiff who prevails in an action brought under this section may recover actual damages, compensatory damages, punitive damages or any other appropriate relief. If a plaintiff recovers actual damages in an action brought under this section and the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff. If the plaintiff prevails in an action brought under this section, the court may award attorney’s fees and costs to the plaintiff.

5.

The statute of limitations for an action brought under this section does not commence until:

(a)

The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant caused, was responsible for or profited from the human trafficking;

(b)

The plaintiff reaches 18 years of age; or

(c)

If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred,
Ê whichever is later.

6.

The statute of limitations for an action brought under this section is tolled for any period during which the plaintiff was under a disability. For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual disability, mentally incompetent or in a medically comatose or vegetative state.

7.

A defendant in an action brought under this section is estopped from asserting that the action was not brought within the statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.

8.

In the discretion of the court in an action brought under this section:

(a)

Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in common.

(b)

Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.

9.

The consent of a victim is not a defense to a cause of action brought under this section.

10.

For the purposes of this section:

(a)

A victim of human trafficking is a person against whom a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 or 201.395, or 18 U.S.C. § 1589, 1590 or 1591 has been committed.

(b)

It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 or 201.395, or 18 U.S.C. § 1589, 1590 or 1591 to be found liable in an action brought under this section.
COMPARATIVE NEGLIGENCE

Source: Section 41.1399 — Action by victim of human trafficking; venue; damages and other relief; attorney’s fees and costs; statute of limitations; joinder of parties; limitation on defenses., https://www.­leg.­state.­nv.­us/NRS/NRS-041.­html#NRS041Sec1399.

41.130
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Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.
41.133
Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.
41.134
Action for damages for injuries resulting from acts of domestic violence
41.135
Limitation on liability of victims of certain crimes for injury or damage sustained by offender.
41.138
Action for unwelcome or nonconsensual sexual conduct
41.139
Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property
41.1305
Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older
41.1315
Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way.
41.1345
Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information
41.1391
Standard of care and duty of certain first responders not affected by training relating to developmental disabilities.
41.1393
Discharge of duty to warn trespasser against dangerous condition.
41.1395
Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation
41.1396
Action for damages for injury suffered by victim of pornography involving minors
41.1397
Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus.
41.1398
Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault.
41.1399
Action by victim of human trafficking
Last Updated

Jun. 24, 2021

§ 41.1399’s source at nv​.us