Nevada Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Ingly, the captain of the ship doctrine puts that responsibility onto the surgeon, who is more qualified to ensure that a surgery is mistake free. When mistakes happen, the surgeon has the liability because the surgeon was supposed to supervise and control the procedure.
In Nevada, courts have recognized diminished value, and the victim of an accident can seek compensation for the difference between the pre-accident and post-repair value. Diminished value can also be claimed in contract law when a breach of contract has caused a loss in property value.
Under the discovery rule, the statute of limitations doesn't run during the period before the victim discovered or should have discovered the injury. However, a person can't be willfully blind to their injuries, either. It all depends on what a reasonable person should have known or been aware of at the time.
The comparative negligence system in Nevada is modified comparative negligence. Nevada law allows a victim to recover financially as long as they are not more at fault for the accident than the defendants. The victim receives a reduced amount of compensation based on their amount of relative responsibility.