2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 41.141 When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.

Statutory Text

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.

(Added to NRS by 1973, 1722; A 1979, 1356; 1987, 1697; 1989, 72)

NV Rev Stat § 41.141 – Last Verified March 2026

Plain English Explanation

In Nevada, just because you were partly at fault for an accident does not automatically mean you lose your case. This law says that as long as your share of the blame is not more than the other person’s share, you can still recover money for your injuries or losses.

Think of it like this. If you and the other party were both careless, a jury will compare whose carelessness was worse. If you were 40% at fault and the other driver was 60% at fault, you can still win your case. But if you were 51% at fault and the other person was only 49% at fault, you would not be able to recover anything at all.

When a case like this goes to trial, the judge tells the jury two things. First, the jury must decide the total amount of damages the injured person deserves, without worrying about how much fault belongs to the injured person. Second, the jury must assign a percentage of fault to every party still involved in the lawsuit.

When one of the defendants settles with the injured person before a verdict is reached, the jury never hears about that settlement or how much fault that person had. The judge simply subtracts the settlement amount from whatever the jury awards at the end.

If multiple defendants lose the case, each one only pays for their own share of the fault. So if one defendant was found 30% at fault, they only pay 30% of the total judgment. They are not responsible for what the other defendants owe.

There are important exceptions to that rule though. If the lawsuit involves intentional harm, a dangerous or toxic substance, strict liability, something that all the defendants planned together, or a defective product made or sold in Nevada, then all of the defendants can be held fully responsible for the entire judgment together.

One final note on the “concerted acts” exception. Doctors and nurses working together to treat a patient are not considered to be acting in concert under this law, even if multiple healthcare providers were negligent during the same treatment.

Frequently Asked Questions About NRS 41.141

What happens if I was partially at fault for my accident in Nevada?

You can still recover money even if you were partly at fault, as long as your share of the blame is 50% or less. Nevada follows what is called the “modified comparative negligence” rule. So if you were 30% responsible for a car accident, you can still sue the other party for the remaining 70% of your damages. The only time you are completely barred from recovering anything is when you are found to be more than 50% at fault.

How does Nevada calculate how much money I can recover if both sides were at fault?

The jury first decides the total value of your damages as if you had zero fault. Then they assign fault percentages to everyone involved. Your final award is reduced by whatever percentage of fault belongs to you. For example, if your total damages were $100,000 and you were found 20% at fault, you would receive $80,000.

If one defendant settles with me before trial, does that affect the rest of my case?

Yes, but in a straightforward way. The jury will not be told about the settlement or how much fault that defendant had. Once the jury returns a verdict, the judge quietly subtracts the settlement amount from your award. This keeps the jury focused on the facts rather than being influenced by a prior settlement.

Do all defendants have to pay the full judgment if I win against multiple people?

Generally no. In most Nevada cases each defendant only pays for their own percentage of fault. If three defendants were each found 33% responsible, each one pays roughly one third of the judgment. However, if the case involves a defective product, toxic substances, intentional harm, or a plan the defendants carried out together, all defendants can be held responsible for the entire judgment.

Does this law apply to medical malpractice cases involving multiple healthcare providers?

It does apply, but with a notable distinction. Even when doctors, nurses, or other providers work together during a treatment and something goes wrong, they are not automatically treated as having acted in a coordinated or “concerted” way under this law. That means each healthcare provider would still only be responsible for their own individual share of the fault rather than the entire judgment.

If you were injured and are unsure how Nevada’s fault rules affect your right to recover, the team at Wooldridge Law Injury Lawyers has the experience to fight for every dollar you deserve. Contact Wooldridge Law Injury Lawyers today for a free consultation and let them help you understand exactly where you stand before it is too late.