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  • Comparative Negligence And Recovery

  • Comparative Negligence And Recovery

    Joynt v. California Hotel & Casino, 108 Nev. 539, 544 (Nev. 1992):

    Nevada has adopted the doctrine of comparative negligence; thus, a plaintiff's negligence does not automatically bar her or his negligence action. NRS 41.141 states that "[i]n any action to recover damages . . . in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff . . . does not bar a recovery if that negligence was not greater than the negligence . . . of the parties to the action against whom recovery is sought." In Young's Machine Co. v. Long, 100 Nev. 692, 693, 692 P.2d 24, 25 (1984), we concluded that "Nevada's comparative negligence statute is clearly intended to apply to negligence actions." The comparative negligence statute eliminates "contributory negligence as a bar to a plaintiff's recovery, at least when negligence of a tortfeasor, or several tortfeasors combined, was as great as plaintiff's or greater." Warmbrodt v. Blanchard, 100 Nev. 703, 707-08, 692 P.2d 1282, 1285-86 (1984).

    Therefore, even if Joynt was negligent in not watching his step, the casino may still be liable for negligence if Joynt was less negligent than (or only as negligent as) the casino. In Taylor v. Silva, 96 Nev. 738, 741, 615 P.2d 970, 971 (1980), we explained that "[c]ontributing fault, if any, on [the plaintiff's] part could reduce [the plaintiff's] recovery under the doctrine of comparative negligence, but does not negate a finding that [the defendants'] negligence was a proximate cause of [the plaintiff's] injuries."

    *** Any law, statute, regulation or other precedent is subject to change at any time ***

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