Nevada § 41.141 - When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants

§ 41.141. When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants

1. In any action to recover damages for death or injury to persons or for injury to

property in which comparative negligence is asserted as a defense, the comparative

negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if

that negligence was not greater than the negligence or gross negligence of the parties

to the action against whom recovery is sought. 2. In those cases, the judge shall instruct the jury that: (a) The plaintiff may not recover if the plaintiff’s comparative negligence or that

of the plaintiff’s decedent is greater than the negligence of the defendant or the

combined negligence of multiple defendants. (b) If the jury determines the plaintiff is entitled to recover, it shall return: (1) By general verdict the total amount of damages the plaintiff would be entitled

to recover without regard to the plaintiff’s comparative negligence; and (2) A special verdict indicating the percentage of negligence attributable to each

party remaining in the action. 3. If a defendant in such an action settles with the plaintiff before the entry of

judgment, the comparative negligence of that defendant and the amount of the settlement

must not thereafter be admitted into evidence nor considered by the jury. The judge shall deduct the amount of the settlement from the net sum otherwise recoverable

by the plaintiff pursuant to the general and special verdicts. 4. Where recovery is allowed against more than one defendant in such an action, except

as otherwise provided in subsection 5, each defendant is severally liable to the plaintiff

only for that portion of the judgment which represents the percentage of negligence

attributable to that defendant. 5. This section does not affect the joint and several liability, if any, of the defendants

in an action based upon: (a) Strict liability; (b) An intentional tort; (c) The emission, disposal or spillage of a toxic or hazardous substance; (d) The concerted acts of the defendants; or (e) An injury to any person or property resulting from a product which is manufactured,

distributed, sold or used in this State. 6. As used in this section: (a) “ Concerted acts of the defendants ” does not include negligent acts committed by providers of health care while working

together to provide treatment to a patient. (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031 .