Negligence in Idaho
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Idaho fact pattern
Negligence in idaho.
Statute of limitations
2 years
Idaho Code § 5-219(4)
Two years from the occurrence, act, or omission. Idaho is stingy with discovery on ordinary injury.
- A governmental entity under the Tort Claims Act generally needs a notice within 180 days (Idaho Code § 6-906). That paper is not the two-year lawsuit.