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)