Negligence in Idaho
State-specific overview · Tort Law
Idaho applies pure comparative negligence, allowing recovery even if the plaintiff is primarily at fault, reduced by their percentage of fault.
How Idaho treats Negligence
Idaho recognizes negligence under traditional common law principles and follows pure comparative negligence rules. A plaintiff can recover damages even if they are 99% responsible for their own injury, though their recovery is reduced proportionally by their degree of fault. Idaho Code § 6-801 codifies this approach, permitting juries to apportion fault among multiple parties and allowing plaintiffs to recover their proportionate share of damages from any defendant.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.