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★ Nevada · fracture

Fracture settlements
in Nevada.

By Reviewed by Abd Shanti, Founder9 min read

Nevada’s leading premises case began with a shopper tripping over a pallet at Costco. The Supreme Court held that an obvious hazard does not automatically clear the owner; the question is whether the owner acted reasonably and should have anticipated the harm.

Facts that decide a fracture claim in Nevada

Obvious hazardsA landowner still owes a duty of reasonable care where it should anticipate harm despite the hazard being open and obvious; the plaintiff’s own care goes to comparative negligence.Foster v. Costco Wholesale (Nev. 2012)
Fault ruleRecovery is barred only if your negligence is greater than the defendants’.NRS 41.141
Deadline to sueTwo years from the injury.NRS 11.190(4)(e)
Surveillance evidenceVideo of you moving freely outside court can be shown to contradict how you present at trial.Cox v. MGM Grand Hotel (Nev. 2022)
Falls on public propertyDamages against the state or a local government are capped at $200,000 per claimant.NRS 41.035, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in Nevada. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ NV · reported fracture outcomes

What Nevada courts have awarded.

Real Nevada decisions and verdicts, each linked to the court record or official report.

  • Foster v. Costco Wholesale
    Nevada Supreme Court · 2012
    Summary judgment for Costco reversed

    A shopper tripped over a wooden pallet an employee had left in an aisle. The trial court ruled the pallet was an open and obvious hazard. The Supreme Court reversed, holding the owner could still be liable if it should have anticipated the harm.

  • Cox v. MGM Grand Hotel
    Nevada Supreme Court · 2022
    Defense verdict affirmed

    An audience member fell during the outdoor part of a David Copperfield illusion at the MGM Grand. At trial he walked with help, but surveillance videos showed him walking easily. The Supreme Court held the videos were proper impeachment and affirmed the verdict for the defendants.

★ NV · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Nevada.

  1. 1

    An obvious hazard is a fault question in Nevada, not the end of the case. After Foster, a store that leaves a pallet in an aisle can be liable even if the hazard could be seen, and the jury decides how much of the fall was your own inattention.

  2. 2

    Credibility is part of the damages case. Cox lost after videos contradicted his courtroom presentation. Be consistent with your doctors, your family, and the jury about what you can and cannot do.

  3. 3

    Most fall claims in Nevada have two years, but claims against a city, county, or the state are capped at $200,000 per claimant, which shapes how a serious fracture on public property is valued.

★ NV · statute of limitations
2 years for personal injury; 3 years for medical malpractice

Nev. Rev. Stat. § 11.190

★ NV · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NV · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Nevada.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Nevada's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Nevada · you are hereModified comparative, 51% bar2 years for personal injury; 3 years for medical malpractice—
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
WashingtonPure comparative negligence3 years from date of injuryWA · fracture →
WyomingModified comparative, 51% bar4 years from date of injuryWY · fracture →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
★ NV · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Nevada? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of NV
Nevada overview

Fault rule, statute, caps, and key facts for Nevada as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Nevada. See /methodology, /sources, and /disclaimer.