Nevada Jury Instruction - 3.3 Breach of Fiduciary Duty
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FAQ
Proximate cause, or legal cause, is an underlying cause of an accident. For example, if a truck driver swerves and hits a car, the driver is the actual cause of the accident. But if they moved to avoid a bicyclist riding on the road, the bicyclist's unsafe driving might be the proximate cause.
NRS 41.141 establishes modified comparative fault in Nevada negligence cases. The law allows accident victims to recover damages even if they cause the accident in part. However, the victim's damages are reduced by the extent to which they're at fault for the accident.
The actions of the person (or entity) who owes you a duty must be sufficiently related to your injuries such that the law considers the person to have caused your injuries in a legal sense. If someone's actions are a remote cause of your injury, they are not a proximate cause.
Nevada Negligence Law Glossary Causation (NRS 41.130): The causal relationship between the defendant's negligent action or omission and the harm suffered by the plaintiff. In other words, the harm would not have occurred ?but for? the defendant's negligence.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Proximate Cause: The harm suffered by the plaintiff was a foreseeable result of the defendant's actions. Damages: The plaintiff incurred damages due to the defendant's breach.