Title 6 — ACTIONS IN PARTICULAR CASES

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 …

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…

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 ma…

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 i…

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 perishabl…

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 glean…

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.

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…

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 …

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…

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 respons…

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 o…

6-1407. Individual rights and responsibilities of product sellers other than manufacturers. (1) In the absence of express warranties to the contrary, product sellers other than manufacturers shall not be subject to liability in circumstances where they do not have a reasonable op…

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 th…

6-1409. Short title. This act shall be known and may be cited as the "Idaho Product Liability Reform Act."

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 …

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 priv…

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 fo…

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, scie…

6-1602. Periodic payment of judgments — Exceptions — Discretions — Procedure. (1) In any civil action seeking damages for personal injury or property damages in which a verdict, award or finding for future damages exceeds the sum of one hundred thousand dollars ($100,000), the co…

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, t…

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.…

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, directo…

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 …

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 …

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 (…

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.

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 compa…

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, …

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 aff…

6-1801. Definitions. As used in this chapter: (1) "Engages in an equine activity" means a person who rides, trains, drives or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equin…

6-1802. Limitation of liability on equine activities. (1) Except as provided in subsections (2) and (3) of this section, an equine activity sponsor or an equine professional shall not be liable for any injury to or the death of a participant or equine engaged in an equine activit…

6-1901. Mental health professional defined. As used in this chapter "mental health professional" means: (1) A physician licensed pursuant to chapter 18, title 54, Idaho Code; (2) A professional counselor licensed pursuant to chapter 34, title 54, Idaho Code; (3) A psychologist li…

6-1902. A mental health professional’s duty to warn. A mental health professional has a duty to warn a victim if a patient has communicated to the mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable vict…

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 m…

6-1904. Immunity from liability. (1) No professional disciplinary procedure, no monetary liability and no cause of action may arise against any mental health care professional for failure to predict or take precautions to provide protection from a patient’s violent behavior, othe…

6-2001. Legislative intent. The legislature hereby finds, determines and declares that the production of agricultural food products constitutes a large proportion of the Idaho economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultu…

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 imp…

6-2003. Disparagement of perishable agricultural food products — Right of action for damages. (1) A producer of perishable agricultural food products who suffers actual damages as a result of another person’s disparagement of the producer’s product may bring an action for actual …

6-2101. Legislative intent. The legislature hereby finds, determines and declares that government constitutes a large proportion of the Idaho work force and that it is beneficial to the citizens of this state to protect the integrity of government by providing a legal cause of ac…

6-2102. Short title. This act is known as the "Idaho Protection of Public Employees Act."

6-2103. Definitions. As used in this chapter: (1) "Adverse action" means to discharge, threaten or otherwise discriminate against an employee in any manner that affects the employee’s employment, including compensation, terms, conditions, location, rights, immunities, promotions …

6-2104. Reporting of governmental waste or violation of law — Employer action. (1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste …

6-2105. Remedies for employee bringing action — Proof required. (1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter, and includes court costs and reasonable attorneys’ fees. (2) An employee who alleges a violation of th…

6-2106. Court orders for violation of chapter. A court, in rendering a judgment brought under this chapter, may order any or all of the following: (1) An injunction to restrain continued violation of the provisions of this act; (2) The reinstatement of the employee to the same po…

6-2107. Award of attorneys’ fees and costs to employer — Action without basis in law or fact. A court may also order that reasonable attorneys’ fees and court costs be awarded to an employer if the court determines that an action brought by an employee under this chapter is witho…

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 diminis…

6-2109. Notice of employee protection. An employer shall use appropriate means to notify its employees of their protection and obligation under this chapter.

6-2201. Short title. This chapter shall be known and may be cited as the "Constitutionally Based Educational Claims Act."

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 …