1. Except as otherwise provided in this section, a person who creates, sponsors, owns or produces public art, or who owns, leases or occupies any estate or interest in any premises where such art is displayed, is not liable for the death or injury of a person or for damage to property caused or sustained by a person who:
(a) Defaces or destroys, or attempts to deface or destroy, public art;
(b) Uses the public art in an unintended manner; or
(c) Fails to heed posted warnings or instructions concerning the public art if such warnings are posted to warn the public against any foreseeable conditions or any misuse of the public art that may pose an unreasonable risk of death or serious bodily injury.
2. This section does not eliminate a person’s duty to remedy or mitigate a condition that has actually caused two or more instances of serious bodily injury.
3. As used in this section, "public art":
(a) Except as otherwise provided in paragraph (b), means a work of art which:
(1) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of stone, clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;
(2) Was purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;
(3) Is displayed in a building or indoor or outdoor premises generally open to the public, whether publicly or privately owned; and
(4) Is made available to be viewed by the public without charge; and
(b) Does not include:
(1) Performance art;
(2) Literary works;
(3) Property used in the performing arts, including, without limitation, scenery or props for a stage production;
(4) A product of filmmaking or photography, including, without limitation, motion pictures; or
(5) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.
(Added to NRS by 2015, 1527)
Structure Nevada Revised Statutes
Chapter 41 - Actions and Proceedings in Particular Cases Concerning Persons
NRS 41.010 - Commencement of action; service of summons upon State Controller.
NRS 41.020 - Attorney General to defend; appeals.
NRS 41.030 - State Controller to draw warrant upon final judgment.
NRS 41.0305 - "Political subdivision" defined.
NRS 41.0307 - "Employee," "employment," "immune contractor," "public officer" and "officer" defined.
NRS 41.032 - Acts or omissions of officers, employees and immune contractors.
NRS 41.0325 - Negligence or willful misconduct of minor driver in legal custody of State.
NRS 41.0331 - Construction of fence or other safeguard around dangerous condition at abandoned mine.
NRS 41.0332 - Acts or omissions of volunteer school crossing guards.
NRS 41.0333 - Acts or omissions of members or employees of Nevada National Guard.
NRS 41.0336 - Acts or omissions of firefighters or law enforcement officers.
NRS 41.0337 - State or political subdivision to be named party defendant.
NRS 41.03377 - "Local judicial officer" defined.
NRS 41.0338 - "Official attorney" defined.
NRS 41.03385 - "State judicial officer" defined.
NRS 41.0341 - Time for filing responsive pleading.
NRS 41.03415 - Determination by official attorney whether or not to tender defense.
NRS 41.0342 - Arrangements and circumstances of defense not admissible in evidence.
NRS 41.0343 - Waiver of attorney-client privilege may not be required.
NRS 41.03435 - Employment of special counsel by Attorney General.
NRS 41.0345 - Defense may be tendered to insurer authorized to defend action.
NRS 41.03455 - Defendant may employ own counsel.
NRS 41.0346 - Withdrawal of official attorney as attorney of record.
NRS 41.0347 - Liability of State or political subdivision for failure to provide defense.
NRS 41.0348 - Special verdict required.
NRS 41.037 - Administrative settlement of claims or actions.
NRS 41.040 - Appointment and bond of elisor.
NRS 41.050 - Execution of process by elisor.
NRS 41.060 - Arrest and confinement of sheriff in a civil action.
NRS 41.070 - Powers, duties and fees of elisors.
NRS 41.071 - Legislative privilege and immunity for State Legislators.
NRS 41.075 - Limitations on liability of Committee on Local Government Finance.
NRS 41.085 - Heirs and personal representatives may maintain action.
NRS 41.130 - Liability for personal injury.
NRS 41.1393 - Discharge of duty to warn trespasser against dangerous condition.
NRS 41.191 - Declaration of domicile in Nevada.
NRS 41.193 - Declaration of domicile in other state.
NRS 41.195 - Signing and recording of declaration; fee.
NRS 41.197 - Other methods of proving domicile not repealed or abrogated.
NRS 41.210 - District courts empowered to establish date and place of birth and parentage.
NRS 41.220 - Procedure; examination of records by State Registrar of Vital Statistics.
NRS 41.240 - Court order establishing facts as presented to court.
NRS 41.250 - Recording of decree.
NRS 41.260 - No fees to be charged by clerk of the court.
NRS 41.270 - Verified petition.
NRS 41.280 - When publication of notice is required.
NRS 41.290 - Order of court; hearing on objections; disposition and rescission of order.
NRS 41.293 - "Other parent" defined.
NRS 41.294 - "Petitioning parent" defined.
NRS 41.295 - Verified petition.
NRS 41.296 - When notice to nonpetitioning parent is required.
NRS 41.297 - Order of court; hearing on objections; disposition of order.
NRS 41.298 - Petitions filed under other provisions of law.
NRS 41.2991 - "Agency which provides child welfare services" defined.
NRS 41.2993 - Verified petition.
NRS 41.2995 - When notice to parent is required.
NRS 41.2999 - Petitions filed under other provisions of law.
NRS 41.300 - Insane persons; presumption of legal capacity on discharge.
NRS 41.310 - Adjudication of sanity.
NRS 41.320 - Petition seeking restoration of status as sane; notice.
NRS 41.330 - Conduct of proceedings by county officers; no fees to be charged.
NRS 41.332 - "Actual malice" defined.
NRS 41.333 - "Exemplary damages" defined.
NRS 41.334 - "General damages" defined.
NRS 41.335 - "Special damages" defined.
NRS 41.336 - Special damages; notice and demand for correction.
NRS 41.337 - General, special and exemplary damages.
NRS 41.338 - Correction before demand.
NRS 41.350 - Liability of owner or operator originating broadcast.
NRS 41.360 - Liability when broadcast cannot be censored.
NRS 41.365 - Action for damages.
NRS 41.380 - Causes of action abolished.
NRS 41.390 - Time for commencing accrued causes of action for criminal conversation.
NRS 41.400 - Act or contract gives no right of action.
NRS 41.410 - Unlawful to file actions after July 1, 1979.
NRS 41.430 - Conditions for jurisdiction of State of Nevada.
NRS 41.440 - Imposition of liability.
NRS 41.450 - Operator to be made party defendant; recourse on recovery of judgment.
NRS 41.460 - When debtor in possession or long-term lessee deemed owner of motor vehicle.
NRS 41.470 - Imposition of liability for minor’s willful misconduct.
NRS 41.472 - Imposition of liability for minor’s negligence or willful misconduct regarding firearm.
NRS 41.491 - Limitations on liability.
NRS 41.495 - Limitations on liability.
NRS 41.505 - Physicians, physician assistants, nurses and dentists.
NRS 41.508 - Civil action brought by public agency; award of costs and attorney’s fees.
NRS 41.509 - Action brought by natural parent; recovery; liability not exclusive.
NRS 41.515 - Limitations on liability; exceptions; "trespasser" defined.
NRS 41.517 - Limitations on liability; exception; "public art" defined.
NRS 41.550 - Security for and apportionment of costs.
NRS 41.560 - Relief which may be granted.
NRS 41.570 - Provisions supplementary to existing administrative or regulatory provisions.
NRS 41.580 - Action by owner of property; treble damages.
NRS 41.590 - Lender not liable for defects in property acquired with borrowed money.
NRS 41.630 - Limitations on liability.
NRS 41.640 - "Political subdivision" defined.
NRS 41.650 - Limitation of liability.
NRS 41.710 - "Advertisement" defined.
NRS 41.715 - "Electronic mail" defined.
NRS 41.720 - "Network" defined.
NRS 41.725 - "Recipient" defined.
NRS 41.730 - Action for damages; exceptions; injunctive relief.
NRS 41.745 - Liability of employer for intentional conduct of employee; limitations.
NRS 41.815 - "Business" defined.
NRS 41.820 - "COVID-19" defined.
NRS 41.825 - "Governmental entity" defined.
NRS 41.830 - "Nonprofit organization" defined.
NRS 41.940 - Limitation on time for commencement of action.