{"id":372993,"date":"2016-03-31T21:35:09","date_gmt":"2016-04-01T02:35:09","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/idaho-negligence-laws.html"},"modified":"2023-01-05T12:05:19","modified_gmt":"2023-01-05T17:05:19","slug":"idaho-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/idaho-negligence-laws.html","title":{"rendered":"Idaho Negligence Laws"},"content":{"rendered":"\n
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Idaho Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most injury lawsuits are based on negligence. The legal theory of negligence<\/a> that holds people liable for doing (or not<\/i> doing) something a reasonable person<\/a> wouldn’t (or would) do, causing injury. For example, motorists are required to check their rearview mirrors before backing out of a parking space. When a motorist fails to do this and it results in a pedestrian’s injuries, then they are negligent and likely will be found liable.<\/p>\r\n

To be found liable for the injuries of someone to which you owed a duty (such as the pedestrian, who would not have been hit by a "reasonable" motorist) means you must pay for any costs associated with those injuries (called "damages") reasonably related to your negligence. These include medical costs, lost wages, ongoing care, or even emotional distress.<\/p>\r\n

To owe someone a particular standard of care depends on the situation, the person’s role, proximity, and other factors. If you are a surgeon, you owe a relatively high standard of care and may be sued for malpractice if you leave a scalpel inside the patient, for instance. In the previous example, the motorist owes a duty to any pedestrians, bicyclists, or other motorists who may be nearby.<\/p>\r\n

This article provides a brief overview of negligence laws in Idaho.<\/p>\r\n

Negligence Law in Idaho: The Basics<\/h2>\r\n

Plaintiffs in Idaho may not collect if they are at least as negligent for their own injuries as the defendant, while any damages are reduced in proportion to the plaintiff’s negligence.<\/p>\r\n

Additional details about how Idaho handles negligence claims are listed in the following chart. See FindLaw’s Negligence<\/a> section for more articles.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a7 6-801<\/a> of the Idaho Statutes<\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/th>\r\n

Contributory negligence or comparative responsibility does not bar recovery if the claimant’s negligence or comparative responsibility is not as great as the defendant’s, but any damages are diminished in proportion to the negligence or comparative responsibility attributable to the claimant (\u00a7 6-801<\/a>)<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

–<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes, so long as the tortfeasor has either paid the entire judgment or more than their share of fault (\u00a7 6-803<\/a>)<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

No<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i> State laws are always subject to change through the enactment of newly passed legislation, decisions from appellate courts, and other means. You may want to contact an Idaho personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n