Nevada, despite having a high number of asbestos exposure sites, has been the venue of very few high-profile cases involving asbestos-related diseases like mesothelioma. There are many reasons for this, including a low cap on punitive damages. In addition, many of the claims against certain Nevada companies are handled by the Western Asbestos Trust, set up to handle claims against three companies.
In some cases, plaintiffs who were injured in Nevada have chosen to file suit in other jurisdictions. This was the case for a Nevada man who was exposed to asbestos on various job sites throughout Nevada and northern California. The courts awarded him a judgment of $3.5 million against three companies. A fourth company named in the suit was judged in default as an inactive corporation. Under Nevada law, an inactive corporation is still liable for actions arising from its active years, so the court entered a judgment of $2.6 million against the court which must be paid by the insurer that covered it for legal actions during its active years.
Determination of Liability
Nevada state law uses a modified comparative liability - 50% rule for determining negligence. Under this modified comparative liability system, a plaintiff who is partially at fault for his or her own injuries can still recover damages as long as their fault in causing the injury does not exceed 50%. In a case where a plaintiff is judged to be at fault but less than 50% at fault any damages awarded are reduced by the percentage of fault carried by the plaintiff. In other words, if a jury determines that a plaintiff is 25% at fault in his or her own injuries, and that the amount due for the damages is $100,000, the plaintiff award for compensation will be $75,000.
Under Nevada state law, cases with multiple defendants are decided following a modified joint and several liability approach. In most cases, the defendants are subject only to several liability, where each defendant is only liable for damages in proportion to their share of the fault. However, under certain conditions, defendants may be subject to joint and several liability, where each defendant can be held wholly liable for the entire judgment. Among the conditions that call the joint and several liability rule is any case that involves toxic substances such as asbestos.
Nevada law also limits punitive damages levied on defendants. First, the plaintiff must present clear and convincing evidence that the defendant is guilty of oppression, fraud or malice, either express or implied. In addition, the amount of punitive damages is capped at three times the compensatory damages if the damages are greater than $100,000, or $300,000 if the compensation is less than $100,000. This cap does not apply in product liability cases, but only an experienced Nevada mesothelioma lawyer can decide if your case qualifies as a product liability or other type of personal injury lawsuit
In some cases, plaintiffs who were injured in Nevada have chosen to file suit in other jurisdictions. This was the case for a Nevada man who was exposed to asbestos on various job sites throughout Nevada and northern California. The courts awarded him a judgment of $3.5 million against three companies. A fourth company named in the suit was judged in default as an inactive corporation. Under Nevada law, an inactive corporation is still liable for actions arising from its active years, so the court entered a judgment of $2.6 million against the court which must be paid by the insurer that covered it for legal actions during its active years.
Determination of Liability
Nevada state law uses a modified comparative liability - 50% rule for determining negligence. Under this modified comparative liability system, a plaintiff who is partially at fault for his or her own injuries can still recover damages as long as their fault in causing the injury does not exceed 50%. In a case where a plaintiff is judged to be at fault but less than 50% at fault any damages awarded are reduced by the percentage of fault carried by the plaintiff. In other words, if a jury determines that a plaintiff is 25% at fault in his or her own injuries, and that the amount due for the damages is $100,000, the plaintiff award for compensation will be $75,000.
Under Nevada state law, cases with multiple defendants are decided following a modified joint and several liability approach. In most cases, the defendants are subject only to several liability, where each defendant is only liable for damages in proportion to their share of the fault. However, under certain conditions, defendants may be subject to joint and several liability, where each defendant can be held wholly liable for the entire judgment. Among the conditions that call the joint and several liability rule is any case that involves toxic substances such as asbestos.
Nevada law also limits punitive damages levied on defendants. First, the plaintiff must present clear and convincing evidence that the defendant is guilty of oppression, fraud or malice, either express or implied. In addition, the amount of punitive damages is capped at three times the compensatory damages if the damages are greater than $100,000, or $300,000 if the compensation is less than $100,000. This cap does not apply in product liability cases, but only an experienced Nevada mesothelioma lawyer can decide if your case qualifies as a product liability or other type of personal injury lawsuit
Nevada Asbestos Litigation
One important and high-profile case involved a Nevada man who had worked for Nevada Power of Las Vegas between 1957 and 1964. During this time, the man worked at several of the company's power stations, as a plant operator. The plaintiff was involved in the supervision of plant shutdowns, in which repairs and maintenance of boilers was a common duty. The boilers contained asbestos, and the case was settled at a value of more than $2 million.
2007 - Ham v. four corporations: Franklin Ham brought suit against four Nevada and northern California defendants, alleging that he had been exposed to asbestos constantly in his job as a union pipefitter at various job sites in northern California and Nevada. Despite the fact that one of the companies was inactive, the jury entered a judgment in favor of the plaintiff against all defendants.
Verdict: Plaintiff, total of $6.1 million
One important and high-profile case involved a Nevada man who had worked for Nevada Power of Las Vegas between 1957 and 1964. During this time, the man worked at several of the company's power stations, as a plant operator. The plaintiff was involved in the supervision of plant shutdowns, in which repairs and maintenance of boilers was a common duty. The boilers contained asbestos, and the case was settled at a value of more than $2 million.
2007 - Ham v. four corporations: Franklin Ham brought suit against four Nevada and northern California defendants, alleging that he had been exposed to asbestos constantly in his job as a union pipefitter at various job sites in northern California and Nevada. Despite the fact that one of the companies was inactive, the jury entered a judgment in favor of the plaintiff against all defendants.
Verdict: Plaintiff, total of $6.1 million
