Individual States 

NEVADA

ASSUMPTION OF RISK

In strict products liability actions, but not negligence actions, assumption of risk is a complete bar to recovery. Young's Mach. Co. v. Long, 100 Nev. 692 P.2d 24 (1984); Central Tel. Co v. Fixtures Mfg., 103 Nev. 298 (1987) .

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

There are no exclusive Products Liability statutes under this category.

COMPARATIVE FAULT

In strict products liability actions, contributory negligence is not a defense and will not bar recovery. Young's Mach. Co. v. Long, 100 Nev. 692 P.2d 24 (1984) .

In negligence actions (but not strict liability actions) for personal injury, property damage, and wrongful death, a comparative negligence defense will not bar recovery if plaintiff's negligence is not greater than the negligence or gross negligence of parties against whom recovery is sought, but damages are diminished proportionately. Nev. Rev. Stat. Ann. §41.141 .

ECONOMIC LOSS

Absent injury to person or property, a plaintiff may not recover economic losses under theories of strict product liability or negligence. Central Bit Supply, Inc. v. Waldrop Drilling & Pump, Inc., 717 P.2d 35 (Nev. 1986) ; Arco Products Co. v. May, 948 P.2d 263 (Nev. 1997) .

A manufacturer is not liable on tort theories of negligence and strict liability when defective product damages only itself, even when it crashes calamitously or exposes persons to an unreasonable risk of harm. National Union Fire Ins. Co. v. Pratt & Whitney Canada, Inc., 815 P.2d 601 (Nev.1991) .

JOINT & SEVERAL LIABILITY

Where two or more causes proximately contribute to the injuries complained of, recovery may be had against either one or both of the joint tortfeasors. When a release or covenant not to sue is given to one or more persons liable in tort for the same injury or wrongful death it does not discharge any of the other tortfeasors from liability unless it so provides, but it reduces the claim against the others. Nev. Rev. Stat. Ann. §17.245 .

PUNITIVE DAMAGES

The standard for awarding punitive damages is "clear and convincing" evidence of "oppression, fraud or malice, express or implied." The amount of a punitive damages award is not statutorily limited in an action brought against the manufacturer, distributor, or seller of a defective product. Nev. Rev. Stat. Ann. §§42.005 and 42.005(2)(a) .

RIGHT TO CONTRIBUTION

Where two or more persons become jointly or severally liable in tort there is a right of contribution among them even though the judgment has not been recovered against all or any of them. Nev. Rev. Stat. Ann. §17.225(1) .

The right of contribution only exists only in favor of a tortfeasor who has paid more than his equitable share of the common liability, and his total recovery is limited to the amount paid by him in excess of his equitable share. Nev. Rev. Stat. Ann. §17.225(2) .

A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution form another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable. Nev. Rev. Stat. Ann. §17.225(3) .

SPECIAL DEFENSES

Product misuse by a plaintiff of which the designer or manufacturer could not reasonably foresee is a complete bar to recovery. Corella v. Crown Control, 98 Nev. 35 (1982) .

Generally, a plaintiff's substantial alteration will shield a manufacturer from liability from injury that results from that alteration. Robinson v. G.G.C., Inc., 107 Nev. 135 (1991) .

STATUTES OF LIMITATION

Actions for personal injury or wrongful death shall be brought within two years, and an action for damage to personal property shall be brought within three years. Nev. Rev. Stat. Ann. §11.190 .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Nevada.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.