reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1102 - DEFINITIONS.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1103 - DUTIES OF SKI AREA OPERATORS WITH RESPECT TO SKI AREAS.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1104 - DUTIES OF SKI AREA OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS.

6-1104. DUTIES OF SKI AREA OPERATORS WITH RESPECT TO AERIAL PASSENGER TRAMWAYS. Every ski area operator shall have the duty to construct, operate, maintain and repair any aerial passenger tramway in accordance with the American national standards safety requirements for aerial passenger tramways.
History:
[6-1104, added 1979, ch. 270, sec. 1, p. 703.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1105 - DUTIES OF PASSENGERS.

6-1105. DUTIES OF PASSENGERS. Every passenger shall have the duty not to:
(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;
(2) Drop, throw or expel any object from an aerial passenger tramway;
(3) Do any act which shall interfere with the running or operation of an aerial passenger tramway;
(4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction until the passenger has requested and received sufficient instruction to permit safe usage;
(5) Embark on an aerial passenger tramway without the authority of the ski area operator;
(6) Use any aerial passenger tramway without engaging such safety or restraining devices as may be provided.
History:
[6-1105, added 1979, ch. 270, sec. 1, p. 703.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1106 - DUTIES OF SKIERS.

6-1106. DUTIES OF SKIERS. It is recognized that skiing as a recreational sport is hazardous to skiers, regardless of all feasible safety measures that can be taken.
Each skier expressly assumes the risk of and legal responsibility for any injury to person or property that results from participation in the sport of skiing including any injury caused by the following, all whether above or below snow surface: variations in terrain; any movement of snow including, but not limited to, slides, sloughs or avalanches; any depths of snow, including tree wells, or any accumulations of snow, whether natural or man made, including snowmaking mounds; freestyle terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers and components thereof; utility poles, and snowmaking and snowgrooming equipment which is plainly visible or plainly marked in accordance with the provisions of section 6-1103, Idaho Code. Therefore, each skier shall have the sole individual responsibility for knowing the range of his own ability to negotiate any slope or trail, and it shall be the duty of each skier to ski within the limits of the skier’s own ability, to maintain reasonable control of speed and course at all times while skiing, to heed all posted warnings, to ski only on a skiing area designated by the ski area operator and to refrain from acting in a manner which may cause or contribute to the injury of anyone. The responsibility for collisions by any skier while actually skiing, with any person, shall be solely that of the individual or individuals involved in such collision and not that of the ski area operator.
No person shall place any object in the skiing area or on the uphill track of any aerial passenger tramway that may cause a passenger or skier to fall; cross the track of any T-bar lift, J-bar lift, platter lift or similar device, a fiber rope or wire rope tow and a conveyor, except at a designated location; or depart when involved in a skiing accident, from the scene of the accident without leaving personal identification, including name and address, before notifying the proper authorities or obtaining assistance when that person knows that any other person involved in the accident is in need of medical or other assistance.
No skier shall fail to wear retention straps or other devices to help prevent runaway equipment.
History:
[6-1106, added 1979, ch. 270, sec. 1, p. 703; am. 2014, ch. 187, sec. 3, p. 498.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1107 - LIABILITY OF SKI AREA OPERATORS.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1108 - LIABILITY OF PASSENGERS.

6-1108. LIABILITY OF PASSENGERS. Any passenger shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1105, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
[6-1108, added 1979, ch. 270, sec. 1, p. 704.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 11 - RESPONSIBILITIES AND LIABILITIES OF SKIERS AND SKI AREA OPERATORS › Section 6-1109 - LIABILITY OF SKIERS.

6-1109. LIABILITY OF SKIERS. Any skier shall be liable for loss or damages resulting from violations of the duties set forth in section 6-1106, Idaho Code, and shall not be able to recover from the ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered.
History:
[6-1109, added 1979, ch. 270, sec. 1, p. 704.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1201 - LEGISLATIVE PURPOSE.

6-1201. LEGISLATIVE PURPOSE. Every year, in rapidly increasing numbers, the inhabitants of the state of Idaho and nonresidents are enjoying the recreational value of Idaho’s mountains, rivers, and streams, many of which are remote and far removed for ordinary auto travel. The tourist trade is of vital importance to the state of Idaho, and the services offered by licensed outfitters and guides significantly contribute to the economy of the state of Idaho. The legislature recognizes that there are inherent risks in the recreational activities provided by outfitters which should be understood by each participant. These risks are essentially impossible to eliminate by outfitters and guides. It is the purpose of this chapter to define those areas of responsibility and affirmative acts for which outfitters and guides shall be liable for loss, damage, or injury, and to define those risks which the participant expressly assumes and for which there can be no recovery.
History:
[6-1201, added 1979, ch. 317, sec. 1, p. 851.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1202 - DEFINITIONS.

6-1202. DEFINITIONS. (a) "Outfitter" shall include any individual, firm, partnership, corporation, or other organization or any combination thereof as defined in section 36-2102(b), Idaho Code.
(b) "Guide" shall include any person defined in section 36-2102(c), Idaho Code.
(c) "Participant" shall include any person using the services of an outfitter or guide licensed under chapter 21, title 36, Idaho Code.
History:
[6-1202, added 1979, ch. 317, sec. 1, p. 852.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1203 - DUTIES OF AN OUTFITTER.

6-1203. DUTIES OF AN OUTFITTER. All outfitters offering professional services in this state shall provide facilities, equipment, and services as advertised or as agreed upon between the outfitter and the participant. All services, facilities, and equipment provided by outfitters in this state shall conform to safety and other requirements set forth in chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides board created by chapter 21, title 36, Idaho Code.
History:
[6-1203, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 1, p. 1029.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1204 - DUTIES OF A GUIDE.

6-1204. DUTIES OF A GUIDE. Any guide providing personal services for an outfitter in this state shall conform to the standard of care expected of members of his profession, and he shall comply with all duties and requirements placed on him by chapter 21, title 36, Idaho Code, and by the rules promulgated by the Idaho outfitters and guides licensing board created by chapter 21, title 36, Idaho Code.
History:
[6-1204, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 2, p. 1029; am. 2022, ch. 111, sec. 4, p. 370.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1205 - DUTIES OF PARTICIPANTS.

6-1205. DUTIES OF PARTICIPANTS. It is recognized that some recreational activities conducted by outfitters and guides are hazardous to participants regardless of all feasible safety measures that can be taken. Participants shall have a duty to act as would a reasonably prudent man when engaging in recreational activities offered by licensed outfitters and guides in this state. Participants shall have a duty not to:
(1) Do any act that interferes with the running or operation of an outfitter’s or guide’s activities, when such activities conform to the rules of the Idaho outfitters and guides licensing board and to the requirements of chapter 21, title 36, Idaho Code;
(2) Use any outfitter’s or guide’s equipment or facilities or services if the participant does not have the ability to use such facilities or equipment or services safely without instructions until the participant has requested and received sufficient instruction to permit safe usage;
(3) Engage in any harmful conduct or willfully or negligently engage in any type of conduct that contributes to or causes injury to any person;
(4) Embark on any self-initiated activity without first informing the outfitter or guide of his intentions and receiving permission from the outfitter or guide to engage in such self-initiated activity.
History:
[6-1205, added 1979, ch. 317, sec. 1, p. 852; am. 1997, ch. 345, sec. 3, p. 1029; am. 2022, ch. 111, sec. 5, p. 370.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 12 - RESPONSIBILITIES AND LIABILITIES OF RECREATIONAL PARTICIPANTS AND OUTFITTERS AND GUIDES › Section 6-1206 - LIABILITY OF OUTFITTERS AND GUIDES.

6-1206. LIABILITY OF OUTFITTERS AND GUIDES. (1) No outfitter or guide licensed under the provisions of chapter 21, title 36, Idaho Code, and acting in the course of his employment shall be liable to a participant for damages or injuries to such participant unless such damage or injury was directly or proximately caused by the negligent, reckless, or intentional conduct of the outfitter or guide.
(2) An outfitter or guide has no duty to eliminate, alter, control, or lessen the risks inherent with recreational activities provided by outfitters and guides. A participant who takes part in a recreational activity provided by outfitters and guides assumes all risks inherent in that activity.
(3) Any person may, by express written consent, prospectively waive negligence claims against licensed outfitters and guides. It is the policy of this state that such written liability waivers are enforceable to the same degree as similar waivers for other activities.
History:
[6-1206, added 1979, ch. 317, sec. 1, p. 853; am. 1997, ch. 345, sec. 4, p. 1029; am. 2022, ch. 111, sec. 6, p. 371; am. 2023, ch. 109, sec. 1, p. 322.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 13 - RESPONSIBILITIES FOR DONORS AND GLEANERS OF FOOD › Section 6-1301 - DEFINITIONS.

6-1301. DEFINITIONS. As used in this chapter:
(1) "Donor" includes, but is not limited to, any food establishment, farmer, processor, distributor, wholesaler or retailer of perishable or nonperishable food.
(2) "Gleaner" means a person who harvests for free distribution perishable food that has been donated by the owner.
(3) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. "Perishable food" includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, foods that have been packaged, refrigerated or frozen and unserved food of any kind which has been prepared by or for a food establishment. "Perishable food" does not include foods that have been canned and which remain in a sealed canning container.
History:
[6-1301, added 1980, ch. 93, sec. 1, p. 203; am. 1995, ch. 85, sec. 1, p. 250.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 13 - RESPONSIBILITIES FOR DONORS AND GLEANERS OF FOOD › Section 6-1302 - DONORS AND GLEANERS EXEMPT FROM LIABILITY.

6-1302. DONORS AND GLEANERS EXEMPT FROM LIABILITY. Notwithstanding any other provision of law, the good faith donor of any perishable or nonperishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional misconduct of the donor or gleaner.
Nothing in this section is intended to limit any liability on the part of a donee charitable or nonprofit organization accepting perishable food items.
This section includes the good faith donation of perishable or nonperishable food not readily marketable due to appearance, freshness, grade, surplus or other consideration, but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
History:
[6-1302, added 1980, ch. 93, sec. 1, p. 203.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1401 - SCOPE.

6-1401. SCOPE. The previous existing applicable law of this state on product liability is modified only to the extent set forth in this act.
History:
[(6-1401) 6-1301, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 3, p. 83.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1402 - DEFINITIONS.

6-1402. DEFINITIONS. (1) "Product seller" means any person or entity that is engaged in the business of selling products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor, or retailer of the relevant product. The term also includes a party who is in the business of leasing or bailing such products. The term "product seller" does not include:
(a) A provider of professional services who utilizes or sells products within the legally authorized scope of its professional practice. A nonprofessional provider of services is not included unless the sale or use of a product is the principal part of the transaction, and the essence of the relationship between the seller and purchaser is not the furnishing of judgment, skill, or services;
(b) A commercial seller of used products who resells a product after use by a consumer or other product user, provided the used product is in essentially the same condition as when it was acquired for resale; and
(c) A finance lessor who is not otherwise a product seller. A "finance lessor" is one who acts in a financial capacity, who is not a manufacturer, wholesaler, distributor, or retailer, and who leases a product without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor.
(2) "Manufacturer" includes a product seller who designs, produces, makes, fabricates, constructs, or remanufactures the relevant product or component part of a product before its sale to a user or consumer. It includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer. A product seller acting primarily as a wholesaler, distributor, or retailer of a product may be a "manufacturer" but only to the extent that it designs, produces, makes, fabricates, constructs, or remanufactures the product before its sale.
(3) "Product" means any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts, and produced for introduction into trade or commerce. Human tissue and organs, including human blood and its components, are excluded from this term. The "relevant product" under this chapter is that product, or its component part or parts, which gave rise to the product liability claim.
(4) "Claimant" means a person or entity asserting a product liability claim, including a wrongful death action, and, if the claim is asserted through or on behalf of an estate, the term includes claimant’s decedent. "Claimant" includes any person or entity that suffers harm.
(5) "Reasonably anticipated conduct" means the conduct which would be expected of an ordinary reasonably prudent person who is likely to use the product in the same or similar circumstances.
History:
[(6-1402) 6-1302, added 1980, ch. 225, sec. 1, p. 499; am. and redesig. 2005, ch. 25, sec. 4, p. 83.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1403 - LENGTH OF TIME PRODUCT SELLERS ARE SUBJECT TO LIABILITY.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1404 - COMPARATIVE RESPONSIBILITY.

6-1404. COMPARATIVE RESPONSIBILITY. Comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such responsibility was not as great as the responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of responsibility attributable to the person recovering.
History:
[(6-1404) 6-1304, added 1980, ch. 225, sec. 1, p. 501; am. and redesig. 2005, ch. 25, sec. 6, p. 85.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1406 - RELEVANCE OF INDUSTRY CUSTOM, SAFETY OR PERFORMANCE STANDARDS, AND TECHNOLOGICAL FEASIBILITY.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1408 - CONTENTS OF COMPLAINT — AMOUNT OF RECOVERY.

6-1408. CONTENTS OF COMPLAINT — AMOUNT OF RECOVERY. In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied.
History:
[(6-1408) 6-1308, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 10, p. 88.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1409 - SHORT TITLE.

6-1409. SHORT TITLE. This act shall be known and may be cited as the "Idaho Product Liability Reform Act."
History:
[(6-1409) 6-1309, added 1980, ch. 225, sec. 1, p. 504; am. and redesig. 2005, ch. 25, sec. 11, p. 88.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 14 - PRODUCT LIABILITY › Section 6-1410 - PRODUCTS LIABILITY — DEFECTIVENESS OF FIREARMS OR AMMUNITION.

6-1410. PRODUCTS LIABILITY — DEFECTIVENESS OF FIREARMS OR AMMUNITION. (1) In a products liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.
(2) For purposes of this section:
(a) The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design.
(b) Injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product.
(3) The provisions of this section shall not affect a products liability cause of action based upon the improper selection of design alternatives.
History:
[6-1410, added 1986, ch. 216, sec. 1, p. 553.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 15 - LIABILITY TO FIREWOOD GATHERERS › Section 6-1501 - DEFINITIONS.

6-1501. DEFINITIONS. As used in this chapter:
(1) "Firewood gatherer" means a person who enters onto forest land with or without the consent of the owner of the forest land or by payment of a fee in order to gather or cut wood for use as firewood.
(2) "Forest land" means any privately owned land being held and used for the continuous purpose of growing and harvesting trees of a marketable species.
History:
[6-1501, added 1986, ch. 194, sec. 1, p. 492.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 15 - LIABILITY TO FIREWOOD GATHERERS › Section 6-1502 - OWNERS OF FOREST LAND EXEMPT FROM LIABILITY — EXCEPTION.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 16 - PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES › Section 6-1603 - LIMITATION ON NONECONOMIC DAMAGES.

6-1603. LIMITATION ON NONECONOMIC DAMAGES. (1) In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages established in this section shall increase or decrease in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage as computed pursuant to section 72-409(2), Idaho Code.
(2) The limitation contained in this section applies to the sum of: (a) noneconomic damages sustained by a claimant who incurred personal injury or who is asserting a wrongful death; (b) noneconomic damages sustained by a claimant, regardless of the number of persons responsible for the damages or the number of actions filed.
(3) If a case is tried to a jury, the jury shall not be informed of the limitation contained in subsection (1) of this section.
(4) The limitation of awards of noneconomic damages shall not apply to:
(a) Causes of action arising out of willful or reckless misconduct.
(b) Causes of action arising out of an act or acts which the trier of fact finds beyond a reasonable doubt would constitute a felony under state or federal law.
History:
[6-1603, added 1987, ch. 278, sec. 1, p. 575; am. 2003, ch. 122, sec. 2, p. 371.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 16 - PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES › Section 6-1604 - LIMITATION ON PUNITIVE DAMAGES.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 16 - PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES › Section 6-1605 - LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS OF NONPROFIT CORPORATIONS AND ORGANIZATIONS AND TRUSTEES OF CHARITABLE TRUSTS.

6-1605. LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS OF NONPROFIT CORPORATIONS AND ORGANIZATIONS AND TRUSTEES OF CHARITABLE TRUSTS. (1) In any nonprofit corporation or organization or charitable trust as defined in section 6-1601(6), Idaho Code, officers, directors, and volunteers who serve the nonprofit corporation or organization without compensation and trustees of the charitable trust who serve without compensation shall be personally immune from civil liability arising out of their conduct as an officer, director, trustee or volunteer, if such conduct is within the course and scope of the duties and functions of the individual officer, director, trustee or volunteer and at the direction of the corporation or organization or charitable trust. The provisions of this section shall not eliminate or limit, and no immunity is hereby granted for the liability of an officer, director, trustee or volunteer:
(a) For conduct which is willful, wanton, or which involves fraud or knowing violation of the law;
(b) To the extent of coverage for such conduct under a policy of liability insurance, whether the policy is purchased by the corporation or organization or charitable trust, the individual officer, director, trustee, volunteer or some third party;
(c) For any intentional breach of a fiduciary duty or duty of loyalty owed by the officer, director or volunteer to the corporation, organization or the members thereof, or owed by the trustee to the charitable trust or the members thereof;
(d) For acts or omissions not in good faith or which involve intentional misconduct, fraud or a knowing violation of law;
(e) For any transaction from which the officer, director, trustee or volunteer derived an improper personal benefit;
(f) For any violation of the provisions of section 30-3-82, Idaho Code; or
(g) For damages which result from the operation of a motor vehicle.
(2) Reimbursement of an officer, director or volunteer of a nonprofit corporation or organization or of a trustee of a charitable trust for costs and expenses actually incurred shall not be considered compensation.
(3) Nothing in this section shall be construed to supersede, abrogate, or limit any immunities or limitation of liability otherwise provided by law.
History:
[6-1605, added 1987, ch. 278, sec. 1, p. 576; am. 1990, ch. 105, sec. 2, p. 212; am. 2003, ch. 59, sec. 1, p. 205; am. 2008, ch. 83, sec. 2, p. 214.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 16 - PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES › Section 6-1606 - PROHIBITING DOUBLE RECOVERIES FROM COLLATERAL SOURCES.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 16 - PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON CERTAIN TORT DAMAGES AND LIABILITIES › Section 6-1607 - EMPLOYER LIABILITY FOR EMPLOYEE TORTS.

6-1607. EMPLOYER LIABILITY FOR EMPLOYEE TORTS. (1) No employer shall be directly or indirectly liable in tort based upon an employer/employee relationship for any act or omission of an employee which occurs after the termination of the employee’s employment unless it is shown by clear and convincing evidence that the acts or omissions of the employer itself constitute gross negligence or reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.
(2) There shall be a presumption that an employer is not liable in tort based upon an employer/employee relationship for any act or omission of a current employee unless the employee was wholly or partially engaged in the employer’s business, reasonably appeared to be engaged in the employer’s business, was on the employer’s premises when the allegedly tortious act or omission of the employee occurred, or was otherwise under the direction or control of the employer when the act or omission occurred. This presumption may be rebutted only by clear and convincing evidence that the employer’s acts or omissions constituted gross negligence or, reckless, willful and wanton conduct as those standards are defined in section 6-904C, Idaho Code, and were a proximate cause of the damage sustained.
(3) In every civil action to which this section applies, an employer shall have the right (pursuant to pretrial motion and after opportunity for discovery) to a hearing before the court in which the person asserting a claim against an employer must establish a reasonable likelihood of proving facts at trial sufficient to support a finding that liability for damages should be apportioned to the employer under the standards set forth in this section. If the court finds that this standard is not met, the claim against the employer shall be dismissed and the employer shall not be included on a special verdict form.
(4) Nothing in this section shall be construed to expand any rights of recovery under the common law or to limit any person’s rights under any other statute including, but not limited to, chapter 59, title 67, Idaho Code, and title 72, Idaho Code.
History:
[6-1607, added 2000, ch. 210, sec. 2, p. 537.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 17 - TORT ACTIONS IN CHILD ABUSE CASES › Section 6-1701 - TORT ACTIONS IN CHILD ABUSE CASES.

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.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 17 - TORT ACTIONS IN CHILD ABUSE CASES › Section 6-1702 - WHO MAY BRING ACTION.

6-1702. WHO MAY BRING ACTION. A child abuse tort action under the provisions of this chapter may be brought by the child or on the child’s behalf by a parent or the child’s legal representative.
History:
[6-1702, added 1989, ch. 47, sec. 1, p. 61.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 17 - TORT ACTIONS IN CHILD ABUSE CASES › Section 6-1703 - DAMAGES — ATTORNEYS’ FEES.

6-1703. DAMAGES — ATTORNEYS’ FEES. Damages in an action brought pursuant to the provisions of this chapter shall consist of compensation for past and future damages and may consist of emotional and physical pain and suffering, mental anguish, disability, loss of society and companionship, expenses for past and future therapy, and punitive damages where the claimant proves malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.
The prevailing party in a child abuse tort action shall be entitled to costs and reasonable attorneys’ fees.
History:
[6-1703, added 1989, ch. 47, sec. 1, p. 61.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 17 - TORT ACTIONS IN CHILD ABUSE CASES › Section 6-1704 - STATUTE OF LIMITATIONS.

6-1704. STATUTE OF LIMITATIONS. (1) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.
(2) The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.
(3) The knowledge of a custodial parent or guardian shall not be imputed to a child under the age of eighteen (18) years.
History:
[6-1704, added 1989, ch. 47, sec. 1, p. 61; am. 2007, ch. 125, sec. 2, p. 375.]
2023 Idaho Code › Title 6 - ACTIONS IN PARTICULAR CASES › Chapter 17 - TORT ACTIONS IN CHILD ABUSE CASES › Section 6-1705 - EFFECTIVE DATE.

6-1705. EFFECTIVE DATE. This act shall be in full force and effect on and after July 1, 1989. Provided, that an action may be brought under this chapter only if the cause of action accrued on or after July 1, 1989. Provided further, that nothing in this chapter is intended to affect or limit causes of action for damages or other relief recognized by common law or other statutory provisions for events that occurred before July 1, 1989.
History:
[6-1705, added 1989, ch. 47, sec. 1, p. 61.]