Strategies, Challenges, and Answers

Joint & Several Liability / Comparative Fault

875413_balance Nevada has adopted a plan of modified comparative fault.  There is no recovery if the Plaintiff’s liability is greater than the liability of the defendant.  N.R.S. 41.141.  On a 50/50 split of liability between Plaintiff and Defendant, Plaintiff will recover but the damages will be reduced by 50%.

Several Liability is the rule but there are some very serious exceptions to that rule.  N.R.S. 41.141.  If the Plaintiff is without fault, the rule is Joint & Several Liability.

Buck v. Greyhound Lines, 105 Nev. 756, 783 P.2d 485 (1989).

For additional information on Buck v. Greyhound Lines, 105 Nev. 756, 783 P.2d 485 (1989), please visit our Nevada Trucking Law Blog post AN EXCEPTION TO THE RULE OF SEVERAL LIABILITY SO BIG YOU CAN DRIVE A BUS THROUGH IT.

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Michael Mills About Michael Mills

Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving trucking liability, insurance defense, insurance coverage, premises liability, products liability and defense of personal injury. Mr. Mills is a member of the Trucking Insurance Defense Association, the Defense Research Institute Trucking Committee and the Nevada Motor Transport Association. Mr. Mills is licensed to practice before the Nevada Supreme Court and the Utah Supreme Court. He is also licensed to appear before the United States Supreme Court, the U.S. District Courts for the Districts of Nevada and Utah, as well as the U.S. Court of Appeals for the Ninth Circuit. Mr. Mills has created 3 Blogs for the benefit of the insurance industry. He serves as editor and publisher of the Nevada Insurance Law Blog, the Nevada Coverage and Bad Faith Blog and the Nevada Trucking Law Blog.

 
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