A claim of negligence may be useful in cases involving a third party who owed a duty of care to the victim, such as an employer or a school. For example, if the nonconsensually published intimate images were posted from a school or employer’s computer, the suit may include a negligence claim against the school or employer.
Elements of a Claim
“To prevail on a negligence claim, a plaintiff must establish four elements: (1) the existence of a duty of care, (2) breach of that duty, (3) legal causation, and (4) damages.”1
Research is ongoing.
Klasch v. Walgreen Co., 2011 Nev. LEXIS 93, *9 (Nev. Nov. 23, 2011)(citing Sanchez v. Wal-Mart Stores, 221 P.3d 1276, 1280 (Nev. 2009)). ↩