Idaho Code § 6-2202 — Idaho Code / Title 6 / Chapter 22 / Section 6-2202
6-2202 PURPOSE OF CHAPTER — DEFINITION OF CONSTITUTIONALLY BASED EDUCATIONAL CLAIM.
Status: in_force

6-2202. Purpose of chapter — Definition of constitutionally based educational claim. Section 1, article IX, of the constitution of the state of Idaho provides: "The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools." The purpose of this chapter is to provide a mechanism for adjudicating the performance of that duty when there are allegations that public schools do not provide educational services that they are required to provide as part of a general, uniform and thorough system of public, free common schools. In this chapter, a constitutionally based educational claim is defined as a claim that public schools are not providing educational services that they are required to provide under section 1, article IX, of the constitution of the state of Idaho, and constitutionally required educational services are defined as the educational services that must be provided under section 1, article IX, of the constitution of the state of Idaho. In particular, this chapter provides procedures for adjudicating constitutionally based educational claims and administrative and judicial remedies to be implemented when public schools in a specific local school district are not providing constitutionally required educational services as part of a general, uniform and thorough system of public, free common schools that has been established by the legislature. It is the policy of this chapter whenever possible that constitutionally based educational claims shall be settled locally through consent agreements or plans proposed by local school districts and that state intervention in local school districts be a last resort.

History:

[6-2202, added 1996, ch. 258, sec. 1, p. 845.]
Idaho Code § 6-1107 — Idaho Code / Title 6 / Chapter 11 / Section 6-1107
6-1107 LIABILITY OF SKI AREA OPERATORS.
Status: in_force

6-1107. Liability of ski area operators. Any ski area operator shall be liable for loss or damages caused by its failure to follow the duties set forth in sections 6-1103 and 6-1104, Idaho Code, where the violation of duty is causally related to the loss or damage suffered. The ski area operators shall not be liable to any passenger or skier acting in violation of their duties as set forth in sections 6-1105 and 6-1106, Idaho Code, where the violation of duty is causally related to the loss or damage suffered; nor shall a ski area operator be liable for any injury or damage to a person who is not legally entitled to be in the ski area; or for any loss or damages caused by any object dropped, thrown or expelled by a passenger from an aerial passenger tramway.

History:

[6-1107, added 1979, ch. 270, sec. 1, p. 704.]
Idaho Code § 6-2609 — Idaho Code / Title 6 / Chapter 26 / Section 6-2609
6-2609 CLEARANCE SAMPLING REQUIREMENTS.
Status: in_force

6-2609. clearance sampling requirements. (1) A qualified industrial hygienist who is independent of the company or entity conducting the cleanup or analysis shall conduct sampling to verify that cleanup standards have been met. All sample collection must be conducted pursuant to this section.

(2) Sample locations shall be photographed and show the floor plan of the property, and such photos shall be included in the requisite final report.

(3) Samples shall be obtained, preserved, and handled under professional standards for the types of samples and analytical testing to be conducted under the chain of custody protocol.

(4) Samples shall be analyzed by a laboratory certified by the United States environmental protection agency or accredited by the American industrial hygiene association laboratory accreditation program for the analyte being analyzed.

(5) Sampling locations shall be numerically identified, and the numbered sampling locations shall be delineated on the floor plan, visible in photographs, and linked to samples.

(6) Standard three (3) inch by three (3) inch gauze shall be used for all sampling. The gauze shall be wetted with analytical grade methanol or isopropanol and each surface wiped at least five (5) times in two (2) perpendicular directions, and the gauze shall be turned onto itself throughout the wiping process.

(7) After sampling, the sample shall be placed in a new, clean sample container and sealed with a teflon-lined lid. The sample container shall be labeled with the site or project identification number, date, time, and sample location and shall be handled by professional standards and conducted under the chain of custody protocol.

(8) Discrete sampling shall be used in areas expected to have the highest levels of contamination as identified on the department-approved form. A ten (10) centimeter by ten (10) centimeter area shall be sampled from non-porous surfaces such as floors, walls, appliances, sinks, or countertops in each room. The sample area shall be composed of no fewer than three (3) discrete samples.

(9) All other rooms of the property with the lowest levels of contamination shall be sampled using one (1) discrete sample per room.

(10) A ten (10) centimeter by ten (10) centimeter area shall be sampled from the ventilation system in a location to be determined by the qualified industrial hygienist.

History:

[6-2609, added 2025, ch. 84, sec. 9, p. 395.]
Idaho Code § 6-304 — Idaho Code / Title 6 / Chapter 3 / Section 6-304
6-304 SERVICE OF NOTICE.
Status: in_force

6-304. Service of notice. The notices required by the preceding section may be served either:

1. By delivering a copy to the tenant personally; or,

2. If he be absent from his place of residence and from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, if such place of residence and business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.

History:

[(6-304) C.C.P. 1881, sec. 798; R.S., R.C., & C.L., sec. 5094; C.S., sec. 7323; I.C.A., sec. 9-304.]
Idaho Code § 6-417 — Idaho Code / Title 6 / Chapter 4 / Section 6-417
6-417 COLOR OF TITLE — DEFINITION.
Status: in_force

6-417. Color of title — Definition. For definition in this act, a person having color of title shall include (a) a purchaser in good faith at any judicial or tax sale made by the proper person or officer, whether such person or officer has sufficient authority to sell or not, unless such want of authority was known to such purchaser at the time of the sale; and (b) a person who has occupied a tract of real estate if he, or those under whom he claims, have at any time during such occupancy with the knowledge or consent, express or implied, of the real owner made any valuable improvements thereon; a person's rights shall pass to his assignees or representatives; but nothing in this act shall be construed to give tenants color of title (i) against their landlords or (ii) against the state of Idaho or any subdivision thereof.

History:

[6-417, added 1972, ch. 118, sec. 4, p. 234.]
Idaho Code § 6-1405 — Idaho Code / Title 6 / Chapter 14 / Section 6-1405
6-1405 CONDUCT AFFECTING COMPARATIVE RESPONSIBILITY.
Status: in_force

6-1405. Conduct affecting comparative responsibility. (1) Failure to discover a defective condition.

(a) Claimant's failure to inspect. A claimant is not required to have inspected the product for a defective condition. Failure to have done so does not render the claimant responsible for the harm caused or reduce the claimant's damages.

(b) Claimant's failure to observe an obvious defective condition. When the product seller proves by a preponderance of the evidence that the claimant, while using the product, was injured by a defective condition that would have been obvious to an ordinary reasonably prudent person, the claimant's damages shall be subject to reduction.

(c) A nonclaimant's failure to inspect for defects or to observe an obvious defective condition. A nonclaimant's failure to inspect for a defective condition or to observe a defective condition that would have been obvious to an ordinary reasonably prudent person, shall not reduce claimant's damages.

(2) Use of a product with a known defective condition.

(a) By a claimant. When the product seller proves, by a preponderance of the evidence, that the claimant knew about the product's defective condition, and voluntarily used the product or voluntarily assumed the risk of harm from the product, the claimant's damages shall be subject to reduction to the extent that the claimant did not act as an ordinary reasonably prudent person under the circumstances.

(b) By a nonclaimant product user. If the product seller proves by a preponderance of the evidence that a product user, other than the claimant, knew about a product's defective condition, but voluntarily and unreasonably used or stored the product and thereby proximately caused claimant's harm, the claimant's damages shall be subject to apportionment.

(3) Misuse of a product.

(a) "Misuse" occurs when the product user does not act in a manner that would be expected of an ordinary reasonably prudent person who is likely to use the product in the same or similar circumstances.

(b) When the product seller proves, by a preponderance of the evidence, that product misuse by a claimant, or by a party other than the claimant or the product seller has proximately caused the claimant's harm, the claimant's damages shall be subject to reduction or apportionment to the extent that the misuse was a proximate cause of the harm.

(4) Alteration or modification of a product.

(a) "Alteration or modification" occurs when a person or entity other than the product seller changes the design, construction, or formula of the product, or changes or removes warnings or instructions that accompanied or were displayed on the product. "Alteration or modification" of a product includes the failure to observe routine care and maintenance, but does not include ordinary wear and tear.

(b) When the product seller proves, by a preponderance of the evidence, that an alteration or modification of the product by the claimant, or by a party other than the claimant or the product seller has proximately caused the claimant's harm, the claimant's damages shall be subject to reduction or apportionment to the extent that the alteration or modification was a proximate cause of the harm.

This subsection shall not be applicable if:

1. The alteration or modification was in accord with the product seller's instructions or specifications;

2. The alteration or modification was made with the express or implied consent of the product seller; or

3. The alteration or modification was reasonably anticipated conduct, and the product was defective because of the product seller's failure to provide adequate warnings or instructions with respect to the alteration or modification.

History:

[(6-1405) 6-1305, added 1980, ch. 225, sec. 1, p. 501; am. and redesig. 2005, ch. 25, sec. 7, p. 85.]
Idaho Code § 6-2304 — Idaho Code / Title 6 / Chapter 23 / Section 6-2304
6-2304 APPLICATION OF LAWS.
Status: in_force

6-2304. Application of laws. Sections 6-1003, 6-1004, 6-1005, 6-1006, 6-1007, 6-1008, 6-1009 and 6-1011, Idaho Code, shall apply to prelitigation panels conducted pursuant to this chapter.

History:

[6-2304, added 1999, ch. 395, sec. 1, p. 1095.]
Idaho Code § 6-104 — Idaho Code / Title 6 / Chapter 1 / Section 6-104
6-104 MORTGAGE NOT A CONVEYANCE.
Status: in_force

6-104. Mortgage not a conveyance. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure sale.

History:

[(6-104) R.S. 1887, R.C., & C.L., sec. 4523; C.S., sec. 6952; I.C.A., sec. 9-104.]
Idaho Code § 6-909 — Idaho Code / Title 6 / Chapter 9 / Section 6-909
6-909 TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT.
Status: in_force

6-909. Time for allowance or denial of claims — Effect of failure to act. Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety (90) day period the governmental entity has failed to approve or deny the claim.

History:

[6-909, added 1971, ch. 150, sec. 9, p. 743; am. 1976, ch. 309, sec. 8, p. 1066; am. 1978, ch. 272, sec. 4, p. 633.]
Idaho Code § 6-1601 — Idaho Code / Title 6 / Chapter 16 / Section 6-1601
6-1601 DEFINITIONS.
Status: in_force

6-1601. Definitions. As used in this act:

(1) "Charitable corporation or organization or charitable trust" means a corporation or organization or charitable trust including any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation.

(2) "Claimant" means any party to a civil action making a claim for relief, legal or equitable, compensatory or noncompensatory.

(3) "Economic damages" means objectively verifiable monetary loss, including, but not limited to, out-of-pocket expenses, loss of earnings, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, medical expenses, or loss of business or employment opportunities.

(4) "Future damages" means noneconomic damages and economic damages to be incurred after entry of a judgment.

(5) "Noneconomic damages" means subjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party; emotional distress; loss of society and companionship; loss of consortium; or destruction or impairment of the parent-child relationship.

(6) "Nonprofit corporation or organization" means a charitable corporation or organization or charitable trust; any other corporation organized or existing under chapter 30, title 30, Idaho Code, or an equivalent provision of the law of another state; or an unincorporated association, which corporation, organization, charitable trust or unincorporated association is organized and existing exclusively for nonprofit purposes, and which:

(a) Either is tax exempt under section 501(c)(3) of the Internal Revenue Code or regularly bestows benefits to the community at large; and

(b) No part of the net income of which is distributable to its members, directors or officers.

(7) "Personal injury" means a physical injury, sickness or death suffered by an individual.

(8) "Property damage" means loss in value or in use of real or personal property, where such loss arises from physical damage to or destruction of such property.

(9) "Punitive damages" means damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies of punishing a defendant for outrageous conduct and of deterring future like conduct.

(10) "Willful or reckless misconduct" means conduct in which a person makes a conscious choice as to the person's course of conduct under circumstances in which the person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result.

History:

[6-1601, added 1987, ch. 278, sec. 1, p. 572; am. 1990, ch. 105, sec. 1, p. 211; am. 2008, ch. 83, sec. 1, p. 213; am. 2017, ch. 58, sec. 1, p. 92; am. 2020, ch. 294, sec. 1, p. 846.]
Idaho Code § 6-1502 — Idaho Code / Title 6 / Chapter 15 / Section 6-1502
6-1502 OWNERS OF FOREST LAND EXEMPT FROM LIABILITY — EXCEPTION.
Status: in_force

6-1502. Owners of forest land exempt from liability — Exception. Notwithstanding any other provision of law, an owner of forest land shall not be liable to a firewood gatherer for damages or injuries to the firewood gatherer arising from the condition of the forest land or the forest products attached to or upon the forest land unless the damage or injury is caused by the gross negligence, recklessness or intentional misconduct of the owner of the forest land.

History:

[6-1502, added 1986, ch. 194, sec. 1, p. 492.]
Idaho Code § 6-703 — Idaho Code / Title 6 / Chapter 7 / Section 6-703
6-703 JUDGMENT A BAR TO SECOND ACTION.
Status: in_force

6-703. Judgment a bar to second action. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication or exhibition or utterance as described in section 6-702, Idaho Code, shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication or exhibition or utterance.

History:

[6-703, added 1953, ch. 109, sec. 2, p. 143; am. 2022, ch. 111, sec. 3, p. 370.]
Idaho Code § 6-3308 — Idaho Code / Title 6 / Chapter 33 / Section 6-3308
6-3308 LIABILITY OF PASSENGERS.
Status: in_force

6-3308. Liability of passengers. Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-3305, Idaho Code, and shall not be able to recover from the mountain operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.

History:

[6-3308, added 2020, ch. 329, sec. 1, p. 951.]
Idaho Code § 6-907 — Idaho Code / Title 6 / Chapter 9 / Section 6-907
6-907 CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES.
Status: in_force

6-907. Contents of claims — Filing by agent or attorney — Effect of inaccuracies. All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six (6) months immediately prior to the time the claim arose. If the claimant is incapacitated from presenting and filing his claim within the time prescribed or if the claimant is a minor or if the claimant is a nonresident of the state and is absent during the time within which his claim is required to be filed, the claim may be presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant. A claim filed under the provisions of this section shall not be held invalid or insufficient by reason of an inaccuracy in stating the time, place, nature or cause of the claim, or otherwise, unless it is shown that the governmental entity was in fact misled to its injury thereby.

History:

[6-907, added 1971, ch. 150, sec. 7, p. 743.]
Idaho Code § 6-2607 — Idaho Code / Title 6 / Chapter 26 / Section 6-2607
6-2607 RESIDENTIAL PROPERTY OWNER IMMUNITY.
Status: in_force

6-2607. Residential property owner immunity. Once a residential property meets the cleanup standards established in this chapter, the residential property owner and any representative or agent of the residential property owner shall be immune from civil actions involving health claims brought by any future owner, renter or other person who occupies the residential property, and by any neighbor of such residential property, where the alleged cause of injury or loss is based upon the use of the residential property for the purposes of a clandestine drug laboratory, provided however, that such immunity shall not apply to any person alleged to have produced the clandestine drugs.

History:

[6-2607, added 2005, ch. 215, sec. 1, p. 688; am. 2025, ch. 84, sec. 7, p. 395.]
Idaho Code § 6-413 — Idaho Code / Title 6 / Chapter 4 / Section 6-413
6-413 QUIET TITLE ACTION — DECREE.
Status: in_force

6-413. Quiet title action — Decree. The party seeking to maintain such action shall be entitled to a decree quieting title to his lands against the lien of any such judgment or mortgage upon proof that the collection and enforcement of such judgment or mortgage is barred by the Statute of Limitations and without the necessity of proving that any such judgment or the indebtedness secured by any such mortgage has been paid.

History:

[6-413, added 1951, ch. 117, sec. 3, p. 272.]
Idaho Code § 6-906A — Idaho Code / Title 6 / Chapter 9 / Section 6-906A
6-906A TIME FOR FILING CLAIMS BY MINORS.
Status: in_force

6-906A. Time for filing claims by minors. (1) Except as provided in subsection (2) of this section, no person who is a minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after said person reaches the age of majority or six (6) years from the date the claim arose or should reasonably have been discovered, whichever is earlier.

(2) For any claim filed by or on behalf of a minor against a governmental entity or its employee in a child abuse case, as described in section 6-1701, Idaho Code, such claim shall be filed in accordance with the provisions of section 6-1704, Idaho Code.

History:

[6-906A, added 1985, ch. 77, sec. 1, p. 151; am. 1994, ch. 349, sec. 1, p. 1110; am. 2023, ch. 178, sec. 1, p. 481.]
Idaho Code § 6-923 — Idaho Code / Title 6 / Chapter 9 / Section 6-923
6-923 AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE.
Status: in_force

6-923. Authority of political subdivisions to purchase insurance. All political subdivisions of the state shall have the authority to purchase the necessary liability insurance for themselves and their employees.

History:

[6-923, added 1971, ch. 150, sec. 23, p. 743; am. 1976, ch. 310, sec. 4, p. 1070.]
Idaho Code § 6-311 — Idaho Code / Title 6 / Chapter 3 / Section 6-311
6-311 CONTINUANCE.
Status: in_force

6-311. Continuance. In an action exclusively for possession of a tract of land of five (5) acres or less for the nonpayment of rent or if a landlord has alleged that the landlord has reasonable grounds to believe that any person, is or has been, engaged in the unlawful delivery, production, or use of a controlled substance during the term for which the premises are let to the tenant, or if the person is in possession of the property and is a tenant at sufferance pursuant to subsection (11) of section 45-1506, Idaho Code, no continuance shall be granted for a longer period than two (2) days unless the defendant applying therefor gives an undertaking to the adverse party with good and sufficient security, to be approved by the court, conditioned for the payment of the rent that may accrue if judgment is rendered against the defendant.

History:

[6-311, as added by 1974, ch. 308, sec. 4, p. 1803; am. 2001, ch. 203, sec. 3, p. 693; am. 2006, ch. 248, sec. 2, p. 757.]
Idaho Code § 6-908 — Idaho Code / Title 6 / Chapter 9 / Section 6-908
6-908 RESTRICTION ON ALLOWANCE OF CLAIMS.
Status: in_force

6-908. Restriction on allowance of claims. No claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act.

History:

[6-908, added 1971, ch. 150, sec. 8, p. 743; am. 1976, ch. 309, sec. 7, p. 1065.]
Idaho Code § 6-1406 — Idaho Code / Title 6 / Chapter 14 / Section 6-1406
6-1406 RELEVANCE OF INDUSTRY CUSTOM, SAFETY OR PERFORMANCE STANDARDS, AND TECHNOLOGICAL FEASIBILITY.
Status: in_force

6-1406. Relevance of industry custom, safety or performance standards, and technological feasibility. (1) Evidence of changes in (a) a product's design, (b) warnings or instructions concerning the product, (c) technological feasibility, (d) "state of the art," or (e) the custom of the product seller's industry or business, occurring after the product was manufactured and delivered to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold, is not admissible for the purpose of proving that the product was defective in design or that a warning or instruction should have accompanied the product at the time of manufacture. The provisions of this section shall not relieve the product seller of any duty to warn of known defects discovered after the product was designed and manufactured.

(2) If the court finds outside the presence of a jury that the probative value of such evidence substantially outweighs its prejudicial effect and that there is no other proof available, this evidence may be admitted for other relevant purposes, including but not limited to proving ownership or control, or impeachment.

(3) For purposes of this section, "custom" refers to the practices followed by an ordinary product seller in the product seller's industry or business.

(4) For purposes of this section, "technological feasibility" means the technological, mechanical and scientific knowledge relating to product safety that was reasonably feasible for use, in light of economic practicality, at the time of manufacture.

History:

[(6-1406) 6-1306, added 1980, ch. 225, sec. 1, p. 502; am. and redesig. 2005, ch. 25, sec. 8, p. 86.]
Idaho Code § 6-2402 — Idaho Code / Title 6 / Chapter 24 / Section 6-2402
6-2402 VOLUNTEER FIRE DEPARTMENTS — SCHEDULE OF CHARGES — CONDITIONS FOR COLLECTION — REPORTS — FAILURE TO PAY.
Status: in_force

6-2402. Volunteer fire departments — Schedule of charges — Conditions for collection — Reports — Failure to pay. (1) As used in this section, "volunteer fire department" means a fire department organized as a nonprofit corporation with a primary purpose of firefighting, fire protection, or other emergency services, which has entered into an agreement with a validly organized city or county to provide fire fighting, fire protection, or other emergency services to a distinct service area.

(2) A volunteer fire department that provides services within a jurisdiction served by the department may establish a schedule of charges for the services that the department provides not to exceed the state fire marshal's recommended schedule for services. The volunteer fire department or its agent may collect a service charge according to this schedule from the owner of property who receives service if the following conditions are met:

(a) At the following times, the department gives notice in a newspaper of general circulation on three (3) separate occasions in each political subdivision served by the department of the amount of the service charge for each service that the department provides:

(i) Before the schedule of service charges is initiated;

(ii) When there is a change in the amount of a service charge.

(b) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.

(c) The bill for payment of the service charge:

(i) Is submitted to the property owner in writing within thirty (30) days after services are provided; and

(ii) Includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report.

(3) A volunteer fire department shall use the revenue collected from the fire service charges under this section for:

(a) The purchase of equipment, buildings and property for firefighting, fire protection or other emergency services;

(b) The ordinary and necessary expenses associated with firefighting, fire protection and other emergency services; and

(c) To pay principal and interest on a loan acquired for the purchase of equipment, buildings and property for firefighting, fire protection and other emergency services.

(4) A volunteer fire department that:

(a) Has contracted with a political subdivision to provide fire protection or emergency services, and

(b) Charges for services under the provisions of this section,

shall submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.

(5) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.

(6) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge authorized under the provisions of this section.

History:

[6-2402, added 2005, ch. 305, sec. 1, p. 953.]
Idaho Code § 6-3601 — Idaho Code / Title 6 / Chapter 36 / Section 6-3601
6-3601 DUTIES OF RECREATIONAL PARTICIPANTS.
Status: in_force

6-3601. DUTIES OF RECREATIONAL PARTICIPANTS. It is recognized that recreational activities in state parks are hazardous regardless of all feasible safety measures that can be taken. Each recreational participant expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in recreational activities. Each recreational participant shall have the sole individual responsibility for knowing the range of the participant's own ability while participating in a recreational activity in a state park and to heed all posted notes, cautions, and warnings. Recreational participants shall refrain from acting in a manner that may cause or contribute to the injury of persons or property. The responsibility for injury to person or property shall be solely that of the individual or individuals involved in such recreational activity and not that of the Idaho department of parks and recreation.

History:

[6-3601, added 2023, ch. 54, sec. 1, p. 206.]
Idaho Code § 6-1604 — Idaho Code / Title 6 / Chapter 16 / Section 6-1604
6-1604 LIMITATION ON PUNITIVE DAMAGES.
Status: in_force

6-1604. Limitation on punitive damages. (1) In any action seeking recovery of punitive damages, the claimant must prove, by clear and convincing evidence, oppressive, fraudulent, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.

(2) In all civil actions in which punitive damages are permitted, no claim for damages shall be filed containing a prayer for relief seeking punitive damages. However, a party may, pursuant to a pretrial motion and after hearing before the court, amend the pleadings to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the pleadings if, after weighing the evidence presented, the court concludes that, the moving party has established at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. A prayer for relief added pursuant to this section shall not be barred by lapse of time under any applicable limitation on the time in which an action may be brought or claim asserted, if the time prescribed or limited had not expired when the original pleading was filed.

(3) No judgment for punitive damages shall exceed the greater of two hundred fifty thousand dollars ($250,000) or an amount which is three (3) times the compensatory damages contained in such judgment. If a case is tried to a jury, the jury shall not be informed of this limitation. The limitations on noneconomic damages contained in section 6-1603, Idaho Code, are not applicable to punitive damages.

(4) Nothing in this section is intended to change the rules of evidence used by a trier of fact in finding punitive damages.

History:

[6-1604, added 1987, ch. 278, sec. 1, p. 576; am. 2003, ch. 122, sec. 3, p. 371.]
Idaho Code § 6-707 — Idaho Code / Title 6 / Chapter 7 / Section 6-707
6-707 RIGHT OF STATION TO REQUIRE SUBMISSION OF MATTER INTENDED TO BE BROADCAST.
Status: in_force

6-707. Right of station to require submission of matter intended to be broadcast. Any person, firm, or corporation owning or operating a radio or television broadcasting station shall have the right, but shall not be compelled, to require the submission and permanent filing, in such station, of a copy of the complete address, script or other form of expression, intended to be broadcast over such station before the time of the intended broadcast thereof.

History:

[6-707, added 1963, ch. 158, sec. 2, p. 459.]
Idaho Code § 6-607 — Idaho Code / Title 6 / Chapter 6 / Section 6-607
6-607 ACTIONS AGAINST SEVERAL CLAIMANTS.
Status: in_force

6-607. Actions against several claimants. When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons in order to try their respective rights to such office or franchise.

History:

[(6-607) C.C.P. 1881, sec. 540; R.S., R.C., & C.L., sec. 4617; C.S., sec. 7029; I.C.A., sec. 9-607.]
Idaho Code § 6-407 — Idaho Code / Title 6 / Chapter 4 / Section 6-407
6-407 INJURY PENDING FORECLOSURE OR CONVEYANCE AFTER EXECUTION SALE — INJUNCTION.
Status: in_force

6-407. Injury pending foreclosure or conveyance after execution sale — Injunction. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon, or after a sale on execution before a conveyance.

History:

[(6-407) C.C.P. 1881, sec. 483; R.S., R.C., & C.L., sec. 4544; C.S., sec. 6967; I.C.A., sec. 9-407.]
Idaho Code § 6-1102 — Idaho Code / Title 6 / Chapter 11 / Section 6-1102
6-1102 DEFINITIONS.
Status: in_force

6-1102. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section.

(1) "Aerial passenger tramway" means any device operated by a ski area operator used to transport passengers, by single or double reversible tramway; chair lift or gondola lift; T-bar lift, J-bar lift, platter lift or similar device; a fiber rope or wire rope tow or a conveyor, which is subject to regulations adopted by the proper authority.

(2) "Passenger" means any person who is lawfully using an aerial passenger tramway, or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.

(3) "Ski area" means the property owned or leased and under the control of the ski area operator within the state of Idaho.

(4) "Ski area operator" means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any ski area or aerial passenger tramway.

(5) "Skiing area" means all designated slopes and trails but excludes any aerial passenger tramway.

(6) "Skier" means any person present at a skiing area under the control of a ski area operator for the purpose of engaging in activities including, but not limited to, sliding downhill or jumping on snow or ice on skis, a snowboard, or any other sliding device, or who is using any ski area including, but not limited to, ski slopes, trails and freestyle terrain but does not include the use of an aerial passenger tramway.

(7) "Ski slopes and trails" mean those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing.

(8) "Freestyle terrain" means terrain parks and terrain features including, but not limited to, jumps, hits, ramps, banks, fun boxes, jibs, rails, half-pipes, quarter pipes and any other natural or constructed features.

History:

[6-1102, added 1979, ch. 270, sec. 1, p. 701; am. 2014, ch. 187, sec. 1, p. 497.]
Idaho Code § 6-1903 — Idaho Code / Title 6 / Chapter 19 / Section 6-1903
6-1903 DISCHARGE OF A MENTAL HEALTH PROFESSIONAL'S DUTY TO WARN.
Status: in_force

6-1903. Discharge of a mental health professional's duty to warn. (1) The duty to warn arises only under the limited circumstances specified in section 6-1902, Idaho Code. The duty to warn a clearly identifiable victim shall be discharged when the mental health professional has made a reasonable effort to communicate, in a reasonable timely manner, the threat to the victim and has notified the law enforcement agency closest to the patient's or victim's residence of the threat of violence, and has supplied a requesting law enforcement agency with any information he has concerning the threat of violence. If the victim is a minor, in addition to notifying the appropriate law enforcement agency as required in this subsection, the mental health professional shall make a reasonable effort to communicate the threat to the victim's custodial parent, noncustodial parent, or legal guardian.

(2) The provisions of this section do not limit or affect the mental health professional's duty to report child abuse or neglect in accordance with section 16-1605, Idaho Code.

History:

[6-1903, added 1991, ch. 235, sec. 1, p. 565; am. 2005, ch. 391, sec. 2, p. 1264.]
Idaho Code § 6-1103 — Idaho Code / Title 6 / Chapter 11 / Section 6-1103
6-1103 DUTIES OF SKI AREA OPERATORS WITH RESPECT TO SKI AREAS.
Status: in_force

6-1103. Duties of ski area operators with respect to ski areas. Every ski area operator shall have the following duties with respect to their operation of a skiing area:

(1) To mark all trail maintenance vehicles and to furnish such vehicles with flashing or rotating lights that shall be in operation whenever the vehicles are working or are in movement in the skiing area;

(2) To mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails;

(3) To mark conspicuously the top or entrance to each slope or trail or area, with an appropriate symbol for its relative degree of difficulty; and those slopes, trails, or areas which are closed, shall be so marked at the top or entrance;

(4) To maintain one (1) or more trail boards at prominent locations at each ski area displaying that area's network of ski trails and slopes with each trail and slope rated thereon as to its relative degree of difficulty;

(5) To designate by trail board or otherwise which trails or slopes are open or closed;

(6) To place, or cause to be placed, whenever snowgrooming or snowmaking operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top of such trail or slope;

(7) To post notice of the requirements of this chapter concerning the use of ski retention devices. This obligation shall be the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices;

(8) To provide a ski patrol with qualifications meeting the standards of the national ski patrol system;

(9) To post a sign at the bottom of all aerial passenger tramways which advises the passengers to seek advice if not familiar with riding the aerial passenger tramway; and

(10) Not to intentionally or negligently cause injury to any person; provided, that except for the duties of the operator set forth in subsections (1) through (9) of this section and in section 6-1104, Idaho Code, the operator shall have no duty to eliminate, alter, control or lessen the risks inherent in the sport of skiing, which risks include, but are not limited to, those described in section 6-1106, Idaho Code; and, that no activities undertaken by the operator in an attempt to eliminate, alter, control or lessen such risks shall be deemed to impose on the operator any duty to accomplish such activities to any standard of care.

History:

[6-1103, added 1979, ch. 270, sec. 1, p. 702; am. 2014, ch. 187, sec. 2, p. 498.]
Idaho Code § 6-524 — Idaho Code / Title 6 / Chapter 5 / Section 6-524
6-524 CONDUCT OF SALE — CONTENTS OF NOTICE.
Status: in_force

6-524. Conduct of sale — Contents of notice. All sales of real property made by referees under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution. The notice must state the terms of sale, and if the property or any part of it is to be subject to a prior estate, charge or lien, that must be stated in the notice.

History:

[(6-524) C.C.P. 1881, sec. 510; R.S., R.C., & C.L., sec. 4583; C.S., sec. 6999; I.C.A., sec. 9-524.]
Idaho Code § 6-525 — Idaho Code / Title 6 / Chapter 5 / Section 6-525
6-525 TERMS OF SALE.
Status: in_force

6-525. Terms of sale. The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase-money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase-money is required by the provisions hereinafter contained, to be invested for the benefit of unknown owners, infants or parties out of the state.

History:

[(6-525) C.C.P. 1881, sec. 511; R.S., R.C., & C.L., sec. 4584; C.S., sec. 7000; I.C.A., sec. 9-525.]
Idaho Code § 6-1701 — Idaho Code / Title 6 / Chapter 17 / Section 6-1701
6-1701 TORT ACTIONS IN CHILD ABUSE CASES.
Status: in_force

6-1701. Tort actions in child abuse cases. (1) An action may be brought by or on behalf of any child against any person who has:

(a) Willfully and lewdly committed any lewd or lascivious act or acts upon or with the body or any part or member of a child under the age of sixteen (16) years as defined in section 18-1508, Idaho Code; or

(b) Sexually abused any child as defined in section 18-1506, Idaho Code; or

(c) Sexually exploited any child for a commercial purpose as defined in section 18-1507, Idaho Code; or

(d) Injured a child as defined in section 18-1501, Idaho Code.

(2) If an act prohibited under subsection (1) of this section involves employment-related circumstances as provided under section 6-1607(2), Idaho Code, then an action may be brought under the common law by, or on behalf of, any child against the employer of the person who committed the act, subject to the requirements of section 6-1607, Idaho Code.

(3) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to chapter 15, title 18, Idaho Code. A civil action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.

History:

[6-1701, added 1989, ch. 47, sec. 1, p. 60; am. 2007, ch. 125, sec. 1, p. 375.]
Idaho Code § 6-708 — Idaho Code / Title 6 / Chapter 7 / Section 6-708
6-708 LIMITATIONS AND RESTRICTIONS UPON IMMUNITY FROM LIABILITY — FAILURE TO EXERCISE DUE CARE.
Status: in_force

6-708. Limitations and restrictions upon immunity from liability — Failure to exercise due care. Nothing in this act contained shall be construed to relieve any person broadcasting over a radio or television station from liability under the law of libel, slander or defamation. Nor shall anything in this act be construed to relieve any person, firm, or corporation owning or operating a radio or television broadcasting station or network from liability under the law of libel, slander or defamation on account of any broadcast prepared or made by any such person, firm, or corporation or by any officer or employee thereof in the course of his employment. In no event, however, shall any such person, firm, or corporation be liable for any damages for any defamatory statement or act published or uttered on or as a part of a visual or sound broadcast unless it shall be alleged and proved by the complaining party that such person, firm, or corporation has failed to exercise due care to prevent the publication or utterance of such statement or act in such broadcast. Bona fide compliance with any federal law or the regulation of any federal regulatory agency shall be deemed to constitute such due care as hereinabove mentioned.

History:

[6-708, added 1963, ch. 158, sec. 3, p. 459.]
Idaho Code § 6-2701 — Idaho Code / Title 6 / Chapter 27 / Section 6-2701
6-2701 DEFINITIONS.
Status: in_force

6-2701. Definitions. As used in this chapter:

(1) "Engaged in sport shooting activities" means entering and exiting a sport shooting range, preparing to shoot, waiting to shoot, shooting and assisting another person in shooting. The term includes being a spectator, receiving training or otherwise being present on a sport shooting range for any reason;

(2) "Participant" means any person who engages in sport shooting activities, whether or not a fee is paid to participate in such sport shooting activities;

(3) "Sport shooting activities" means the use of firearms, airguns and archery equipment for target practice, competition, training, instruction or other similar activities;

(4) "Sport shooting instructor" means a person who holds a current instructor certification issued by the Idaho department of fish and game, the Idaho state police, the national rifle association or other nationally recognized organization, which certifies shooting instructors who are engaged, whether or not for compensation, in instructing, training or coaching a participant in sport shooting activities;

(5) "Sport shooting official” means a person who holds a current certification as a referee, match director, range officer, range master or other similar function issued by the national rifle association, United States practical shooting association, national range officers institute, USA shooting, international shooting sports federation or other nationally or internationally recognized organization which certifies match officials who are engaged in supervising sport shooting activities;

(6) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting;

(7) "Sport shooting range operator" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which owns, operates or otherwise provides a range for sport shooting activities; and

(8) "Sport shooting sponsor" means an individual, group or club, partnership, limited liability company or corporation, whether or not operating for profit, which promotes or conducts sport shooting activities.

History:

[6-2701, added 2009, ch. 195, sec. 1, p. 628.]
Idaho Code § 6-904 — Idaho Code / Title 6 / Chapter 9 / Section 6-904
6-904 EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Status: in_force

6-904. Exceptions to governmental liability. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which:

1. Arises out of any act or omission of an employee of the governmental entity exercising ordinary care, in reliance upon or the execution or performance of a statutory or regulatory function, whether or not the statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused.

2. Arises out of the imposition or establishment of a quarantine by a governmental entity, whether such quarantine relates to persons or property.

3. Arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights.

4. Arises out of the activities of the Idaho national guard when engaged in training or duty under sections 316, 502, 503, 504, 505 or 709, title 32, United States Code.

5. Arises out of the activities of the Idaho national guard when engaged in combatant activities during a time of war.

6. Arises out of or results from riots, unlawful assemblies, public demonstrations, mob violence or civil disturbances.

7. Arises out of a plan or design for construction or improvement to the highways, roads, streets, bridges, or other public property where such plan or design is prepared in substantial conformance with engineering or design standards in effect at the time of preparation of the plan or design or approved in advance of the construction by the legislative body of the governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval.

History:

[6-904, added 1971, ch. 150, sec. 4, p. 743; am. 1974, ch. 167, sec. 1, p. 1423; am. 1978, ch. 272, sec. 3, p. 632; am. 1987, ch. 106, sec. 1, p. 218; am. 1987, ch. 361, sec. 4, p. 799; am. 1988, ch. 324, sec. 1, p. 983.]
Idaho Code § 6-516 — Idaho Code / Title 6 / Chapter 5 / Section 6-516
6-516 EFFECT OF JUDGMENT ON TENANTS FOR YEARS.
Status: in_force

6-516. Effect of judgment on tenants for years. The judgment does not affect tenants for years less than ten (10) to the whole of the property which is the subject of the partition.

History:

[(6-516) C.C.P. 1881, sec. 502; R.S., R.C., & C.L., sec. 4575; C.S., sec. 6991; I.C.A., sec. 9-516.]
Idaho Code § 6-409 — Idaho Code / Title 6 / Chapter 4 / Section 6-409
6-409 ALIENATION PENDING SUIT.
Status: in_force

6-409. Alienation pending suit. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.

History:

[(6-409) C.C.P. 1881, sec. 485; R.S., R.C., & C.L., sec. 4546; C.S., sec. 6969; I.C.A., sec. 9-409.]
Idaho Code § 6-606 — Idaho Code / Title 6 / Chapter 6 / Section 6-606
6-606 DAMAGES AGAINST USURPER.
Status: in_force

6-606. Damages against usurper. If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover by action the damages which he may have sustained by reason of the usurpation of the office by the defendant.

History:

[(6-606) C.C.P. 1881, sec. 539; R.S., R.C., & C.L., sec. 4616; C.S., sec. 7028; I.C.A., sec. 9-606.]
Idaho Code § 6-323 — Idaho Code / Title 6 / Chapter 3 / Section 6-323
6-323 SERVICE OF NOTICE TO LANDLORD.
Status: in_force

6-323. Service of notice to landlord. The notice required by section 6-320(d), Idaho Code, shall be served either:

(1) By delivering a copy to the landlord or his agent personally; or

(2) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or

(3) By sending a copy of the notice to the landlord or his agent by United States Postal Service certified mail, return receipt requested.

History:

[6-323, added 1977, ch. 45, sec. 7, p. 84.]
Idaho Code § 6-1005 — Idaho Code / Title 6 / Chapter 10 / Section 6-1005
6-1005 TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS.
Status: in_force

6-1005. Tolling of limitation periods during pendency of proceedings. There shall be no judicial or other review or appeal of such matters. No party shall be obliged to comply with or otherwise affected or prejudiced by the proposals, conclusions or suggestions of the panel or any member or segment thereof; however, in the interest of due consideration being given to such proceedings and in the interest of encouraging consideration of claims informally and without the necessity of litigation, the applicable statute of limitations shall be tolled and not be deemed to run during the time that such a claim is pending before such a panel and for thirty (30) days thereafter.

History:

[6-1005, added 1976, ch. 278, sec. 6, p. 955.]
Idaho Code § 6-920 — Idaho Code / Title 6 / Chapter 9 / Section 6-920
6-920 LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT.
Status: in_force

6-920. Liability insurance for state procured by division of insurance management. No state agency or institution other than the administrator of the division of insurance management in the department of administration may procure liability insurance under this act. All state agencies and institutions shall comply with this act and the comprehensive liability plan developed by the administrator of the division.

History:

[6-920, added 1971, ch. 150, sec. 20, p. 743; am. 1974, ch. 34, sec. 10, p. 988; am. 1974, ch. 252, sec. 8, p. 1674; am. 1976, ch. 310, sec. 2, p. 1070; am. 1980, ch. 106, sec. 2, p. 232.]
Idaho Code § 6-3914 — Idaho Code / Title 6 / Chapter 39 / Section 6-3914
6-3914 SAVINGS CLAUSE.
Status: in_force

6-3914. savings clause. The provisions of this chapter shall not affect a cause of action asserted before January 1, 2026.

History:

[6-3914, added 2025, ch. 17, sec. 1, p. 51.]
Idaho Code § 6-1606 — Idaho Code / Title 6 / Chapter 16 / Section 6-1606
6-1606 PROHIBITING DOUBLE RECOVERIES FROM COLLATERAL SOURCES.
Status: in_force

6-1606. Prohibiting double recoveries from collateral sources. In any action for personal injury or property damage, a judgment may be entered for the claimant only for damages which exceed amounts received by the claimant from collateral sources as compensation for the personal injury or property damage, whether from private, group or governmental sources, and whether contributory or noncontributory. For the purposes of this section, collateral sources shall not include benefits paid under federal programs which by law must seek subrogation, death benefits paid under life insurance contracts, benefits paid by a service corporation organized under chapter 34, title 41, Idaho Code, and benefits paid which are recoverable under subrogation rights created under Idaho law or by contract. Evidence of payment by collateral sources is admissible to the court after the finder of fact has rendered an award. Such award shall be reduced by the court to the extent the award includes compensation for damages which have been compensated independently from collateral sources.

History:

[6-1606, added 1990, ch. 131, sec. 1, p. 304.]
Idaho Code § 6-2108 — Idaho Code / Title 6 / Chapter 21 / Section 6-2108
6-2108 NO IMPAIRMENT OF EMPLOYEE RIGHTS UNDER COLLECTIVE BARGAINING AGREEMENT — CONFIDENTIALITY PROTECTED.
Status: in_force

6-2108. No impairment of employee rights under collective bargaining agreement — Confidentiality protected. This chapter shall not be construed to diminish or impair the rights of an employee under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.

History:

[6-2108, added 1994, ch. 100, sec. 1, p. 229.]
Idaho Code § 6-601 — Idaho Code / Title 6 / Chapter 6 / Section 6-601
6-601 WRIT OF SCIRE FACIAS ABOLISHED.
Status: in_force

6-601. Writ of scire facias abolished. The writ of scire facias is abolished.

History:

[(6-601) C.C.P. 1881, sec. 534; R.S., R.C., & C.L., sec. 4611; C.S., sec. 7023; I.C.A., sec. 9-601.]
Idaho Code § 6-2002 — Idaho Code / Title 6 / Chapter 20 / Section 6-2002
6-2002 DEFINITIONS.
Status: in_force

6-2002. Definitions. As used in this chapter:

(1) "Disparagement" means the publication to a third party of a false factual statement; and

(a) The published statement is of and concerning the plaintiff's specific perishable agricultural food product;

(b) The statement clearly impugns the safety of the product;

(c) The defendant intended the publication to cause harm to the plaintiff's pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so;

(d) The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and

(e) The statement does in fact cause the plaintiff pecuniary loss.

(2) "Perishable agricultural food product" means an agricultural product as defined in section 22-2602, Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

History:

[6-2002, added 1992, ch. 252, sec. 1, p. 736; am. 2001, ch. 20, sec. 1, p. 26.]
Idaho Code § 6-1403 — Idaho Code / Title 6 / Chapter 14 / Section 6-1403
6-1403 LENGTH OF TIME PRODUCT SELLERS ARE SUBJECT TO LIABILITY.
Status: in_force

6-1403. Length of time product sellers are subject to liability. (1) Useful safe life.

(a) Except as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence that the harm was caused after the product's "useful safe life" had expired.

"Useful safe life" begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner. For the purposes of this chapter, "time of delivery" means the time of delivery of a product to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold.

(b) A product seller may be subject to liability for harm caused by a product used beyond its useful safe life to the extent that the product seller has expressly warranted the product for a longer period.

(2) Statute of repose.

(a) Generally. In claims that involve harm caused more than ten (10) years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence.

(b) Limitations on statute of repose.

1. If a product seller expressly warrants that its product can be utilized safely for a period longer than ten (10) years, the period of repose, after which the presumption created in subsection (2)(a) hereof arises, shall be extended according to that warranty or promise.

2. The ten (10) year period of repose established in subsection (2)(a) hereof does not apply if the product seller intentionally misrepresents facts about its product, or fraudulently conceals information about it, and that conduct was a substantial cause of the claimant's harm.

3. Nothing contained in subsection (2) of this section shall affect the right of any person found liable under this chapter to seek and obtain contribution or indemnity from any other person who is responsible for harm under this chapter.

4. The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time.

(3) Statute of limitation. No claim under this chapter may be brought more than two (2) years from the time the cause of action accrued as defined in section 5-219, Idaho Code.

History:

[(6-1403) 6-1303, added 1980, ch. 225, sec. 1, p. 500; am. and redesig. 2005, ch. 25, sec. 5, p. 84.]