Contributory Or Comparative Negligence
The contributory negligence of a claimant does not bar recovery if the claimant's fault is less than the defendant's fault. Idaho Code § 6801 (1990). Idaho has adopted the "individual rule" form of contributory negligence: the claimant's negligence is compared to each defendant's negligence and the claimant is barred from recovery as to those defendants who are less negligent than he is. Id.; Beitzel v. City of Coeur d'Alene, 121 Idaho 709, 827 P.2d 1160 (1992). Where recovery is allowed, damages are diminished in proportion to the comparative responsibility attributable to the claimant.
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Additional Medical Malpractice Articles
- Statutes Of Limitations
- Joint And Several Liability
- Vicarious Liability
- Expert Testimony
- Damage Caps
- Statutory Cap On Attorneys' Fees
- Periodic Payments
- Collateral Source Rule
- Pre-Judgment Interest
- Patient Compensation Funds And Physician Insurance