Contributory Negligence in Idaho
State-specific overview · Tort Law
Idaho uses comparative negligence but bars recovery if you're 50% or more at fault.
How Idaho treats Contributory Negligence
Idaho follows modified comparative negligence under Idaho Code § 6-801, allowing recovery only if your negligence is less than the defendant's. If you are 50% or more responsible, you cannot recover anything. Your damages are reduced by your percentage of fault if you qualify to recover.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Idaho.