The State of Nevada follows modified comparative negligence rules under NRS 41.141. This statutory rule determines how financial awards are adjusted if an injured guest shares partial responsibility for an incident.
Specifically, Nevada Revised Statute (N.R.S.) section 41.141 states, “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.”
Put simply, this means that if you were partially negligent in causing the accident that resulted in your injuries, your recoverable damages might be reduced by your respective percentage of fault. But if you are found to be 51% or more at fault, you cannot recover any damages from the other party at all.
Insurance companies and casino operators often try to shift blame onto injury victims. By claiming you were distracted or reckless, insurers attempt to cross that 50% fault threshold to avoid paying compensation entirely. Working with a Nevada hotel negligence attorney can help protect your rights and fight back against unfair allegations.
