Title 6 — ACTIONS IN PARTICULAR CASES

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 sa…

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 th…

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.

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.…

6-910. Suit on denied claims permitted. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.

6-911. Limitation of actions. Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably …

6-912. Compromise and settlement by governing body. The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

6-913. Compromise and settlement by board of examiners. The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any.

6-914. Jurisdiction — Rules of procedure. The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act.

6-915. Venue. Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence. Actions against a political subdivision or…

6-916. Service of summons. In all actions under this act against the state or its employee the summons and complaint shall be served on the secretary of state with a copy to the attorney general. This section shall not be construed to release the party making service of process f…

6-917. Recovery against governmental entity bar to action against employee. Recovery against a governmental entity under the provisions of this act shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose negl…

6-918. No punitive damages. Governmental entities and their employees shall not be liable for punitive damages on any claim allowed under the provisions of this act.

6-918A. Attorneys’ fees. At the time and in the manner provided for fixing costs in civil actions, and at the discretion of the trial court, appropriate and reasonable attorney fees may be awarded to the claimant, the governmental entity or the employee of such governmental entit…

6-919. Liability insurance for state — Comprehensive plan by division of insurance management. The administrator of the division of insurance management in the department of administration shall provide a comprehensive liability plan which will cover and protect the state and its…

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 age…

6-921. Apportionment of cost of state plan. The administrator of the division of insurance management in the department of administration shall apportion the cost of the comprehensive liability plan under this act to the individual agencies and institutions and the costs shall be…

6-922. Payment by state of claims or judgments when no insurance. In the event no insurance has been procured by the state to pay a claim or judgment arising under the provisions of this act, the claim or judgment shall be paid from the next appropriation of the state instrumenta…

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.

6-924. Policy limits — Minimum requirements. Every policy or contract of insurance or comprehensive liability plan of a governmental entity as permitted under the provisions of this chapter shall provide that the insurance carrier pay on behalf of the insured governmental entity …

6-925. Policy terms not complying with act — Construction — Exception. Any insurance policy, rider or indorsement hereafter issued and purchased to insure against any risk which may arise as a result of the application of this act, which contains any condition or provision not in…

6-926. Judgment or claims in excess of comprehensive liability plan — Reduction by court — Limits of liability. (1) The combined, aggregate liability of a governmental entity and its employees for damages, costs and attorney’s fees under this chapter, on account of bodily or pers…

6-927. Tax levy to pay comprehensive liability plan. Notwithstanding any provisions of law to the contrary, all political subdivisions shall have authority to levy an annual property tax in the amount necessary to provide for a comprehensive liability plan whether by the purchase…

6-928. Tax levy to pay claim or judgment. Notwithstanding any provisions of law to the contrary and in the event there are no funds available, the political subdivision shall levy and collect a property tax, at the earliest time possible, in an amount necessary to pay a claim or …

6-929. Limitation of liability of volunteer firemen. For the purposes of chapter 9, title 6, Idaho Code, a volunteer fireman is an employee of a governmental entity. A "volunteer fireman" means any person who contributes his services to a volunteer fire department organized pursu…

6-1001. Hearing panel for prelitigation consideration of medical malpractice claims — Procedure. The Idaho state board of medicine, in alleged malpractice cases involving claims for damages against physicians and surgeons practicing in the state of Idaho or against licensed acute…

6-1002. Appointment and composition of hearing panel. The board of medicine shall provide for and appoint an appropriate panel or panels to accept and hear complaints of such negligence and damages, made by or on behalf of any patient who is an alleged victim of such negligence. …

6-1003. Informal proceedings. There shall be no record of such proceedings and all evidence, documents and exhibits shall, at the close thereof, be returned to the parties or witnesses from whom the same were secured. The hearing panel shall have the authority to issue subpoenas …

6-1004. Advisory decisions of panel. At the close of proceedings the panel, by majority and minority reports or by unanimous report, as the case may be, shall provide the parties its comments and observations with respect to the dispute, indicating whether the matter appears to b…

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 an…

6-1006. Stay of other court proceedings in interest of hearing before panel. During said thirty (30) day period neither party shall commence or prosecute litigation involving the issues submitted to the panel and the district or other courts having jurisdiction of any pending suc…

6-1007. Service of claim on accused provider of health care. At the commencement of such proceedings and reasonably in advance of any hearing or testimony, the accused provider of health care in all cases shall be served a true copy of the claim to be processed which claim shall …

6-1008. Confidentiality of proceedings. Neither party shall be entitled, except upon special order of the panel, to attend and participate in the proceedings which shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and closed to public observation at all…

6-1009. Representation of parties by counsel. Parties may be represented by counsel in proceedings before such panels, though it shall not be required.

6-1010. Fees for panel members. The Idaho state board of medicine shall provide, by uniform policy of the board, for the payment of fees and expenses of members of panels, such payment to be made from the occupational licenses fund. Panel members shall serve upon the sworn commit…

6-1011. Limit on duration of proceedings — Panel’s jurisdiction. There shall be no repeat or reopening of panel proceedings. In no case shall a panel retain jurisdiction of any such claim in excess of ninety (90) days from date of commencement of proceedings. If at the end of suc…

6-1012. Proof of community standard of health care practice in malpractice case. In any case, claim or action for damages due to injury to or death of any person, brought against any physician and surgeon or other provider of health care, including, without limitation, any dentis…

6-1013. Testimony of expert witness on community standard. The applicable standard of practice and such a defendant’s failure to meet said standard must be established in such cases by such a plaintiff by testimony of one (1) or more knowledgeable, competent expert witnesses, and…

6-1014. Patient Protection And Affordable Care Act and other metrics not used to establish community standard. (1) In determining whether a health care practitioner has met a standard of care under this chapter or under any other Idaho statute, no criteria, guideline, standard or…

6-1101. Legislative purpose. The legislature finds that the sport of skiing is practiced by a large number of citizens of this state and also attracts a large number of nonresidents, significantly contributing to the economy of Idaho. Since it is recognized that there are inheren…

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…

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 …

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 pa…

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 whi…

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…

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 s…

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…

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 causall…

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 tou…

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) "P…