Guidance for apportioning liability
NRS 41.141 provides specific guidance for apportioning liability.Under NRS 41.141(1), a plaintiff must show comparative fault of less then 50%.. Specifically, any damage award is reduced by the percentage of the plaintiff's comparative fault. If the finder of fact determines that the plaintiff was 51% or more at fault, the plaintiff is barred from any recovery whatsoever.Exceptions to this general rule include actions based upon: (1) strict liability, (2) intentional torts, (3) discharge of toxic or hazardous substances, (4) the concerted acts of the defendants, or (5) an injury resulting from a product which is manufactured, distributed, sold or used in the state. Nev. Rev. Stat. Ann. ? 41.141(5).
in cases with multiple defendants, if a defendant settles with the plaintiff the comparative fault of the settling defendant may not be admitted into evidence or considered by the jury. Nev. Rev. Stat. Ann. ? 41.141(3). In such a case the court deducts the amount of the previous the verdict. Id. However, this does not preclude a non-settling defendant from attempting to establish that no negligence occurred.when comparative fault is asserted as a defense, defendants are only liable for their own negligence. Exceptions include : (1) strict liability, (2) intentional torts, (3) discharge of toxic or hazardous substances, (4) the concerted acts of the defendants, or (5) an injury resulting from a product which is manufactured, distributed, sold or used in the state.
Restatement of the Law Third, Torts
Restatement of the Law Third, Torts: Apportionment of Liability, constitutes the second portion to be published of The American Law Institute's Restatement Third of Torts, superseding and significantly expanding upon the comparable provisions of Restatement Second, completed in 1979. This comprehensive new work formulates clear principles of law governing apportionment of liability in cases when account must be taken of conduct by more actors than a single plaintiff and single defendant; of different degrees of blameworthiness; of the effect on parties with derivative claims; or different tort claims (e.g. strict liability, negligence, and intent) against different defendants in the same case. Apportionment of liability applies to all claims (including law suits and settlements) for death, personal injury (including emotional distress or consortium), or physical damage to tangible property damage, regardless of the basis of liability.