Joint and Several Liability in Nevada

Merielle Enriquez

The concept of joint and several liability provides that if a Defendant is found negligent in a case involving multiple negligent Defendants, each negligent Defendant will be responsible for the entire amount of the judgment awarded to the Plaintiff. Common law has dictated that when the negligence of multiple tortfeasors combines to injure the Plaintiff, both tortfeasors will be jointly and severally liable for the damages incurred by the Plaintiff. The most common example of cases where joint and several liability is imposed are those involving product defects. For example, in Nevada, if a product is found to be defective under the legal principals of products liability, then the manufacturer, distributor and/or supplier will be held jointly and severally liable for the damages the defective product has caused.

In contrast, the concept of several liability provides that tortious Defendants are only responsible for the percentage of fault attributed to them. The most common example of this involves multiple motor vehicle accidents. If one negligent defendant driver is found 5% responsible for the Plaintiff's damages and another negligent defendant driver is found 95% responsible, then each negligent defendant is only liable in the amount of their proportionate share of the judgment.

Nevada has limited the reach of joint and several liability by statute. NRS §41.141(5) dictates that joint and several liability is limited to the following actions:

1. Strict liability
2. An intentional tort
3. The emission, disposal or spillage of a toxic or hazardous substance
4. The concerted acts of the defendants; or
5. An injury to any person or property resulting from a produce which is manufactured, distributed, sold, or used in the state (Products Liability Actions).

There is, however, one huge exception to the causes of action articulated in NRS §41.141(5). Joint and several liability in Nevada can still be imposed in negligence cases where there is absolutely no evidence of comparative negligence by the injured Plaintiff. This exception is best illustrated in the Nevada case, Buck v. Greyhound Lines, 105 Nev. 756 (1989). In Buck, twin three-year old daughters were passengers in a car driven by their mother, Marsha Buck. While attempting to make a U-turn on the I-95 north of Las Vegas, the car stalled, blocking the northbound lane of the highway. Shortly thereafter, a Greyhound bus came into view driving northbound on the highway. The bus was unable to stop in time and struck Ms. Buck's vehicle and her sleeping infants.

The main issue before the Court with respect to damages was whether the twin children were entitled to collect their damages based on the theory of several liability or whether the twins could collect based on a theory of joint and several liability. If the court ruled that the twins were entitled to joint and several liability, the twins could potentially take advantage of Greyhound's liability policy. In making its decision, the Court focused on the statute itself. The Court held that NRS §41.141 was intended to apply only to those actions where "contributory negligence is asserted as a defense." See NRS §41.141(1). In this case, the court held that the "claims asserted on behalf of the three-year old twins sleeping in Ms. Buck's mustang at the time of the collision would not, as a matter of law, be subject to the defense of contributory negligence." Buck, 105 Nev. at 764.

In summary, Ms. Buck, who was comparatively at fault, could only collect her damages via several liability. However, her twin daughters, who were not comparatively at fault and did not contribute to the cause of the accident, would be able to collect their damages under the theory of joint and several liability.

As personal injury defense attorneys, we recognize the need to build a strong defense in cases involving multiple tortfeasors. We have successfully defended cases involving motor vehicle accidents, premises liability, commercial trucking, products liability and intentional conduct. Kring & Chung can assist in the defense of any potential joint and several liability claim.