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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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