Idaho Law Blog
Idaho has adopted the Comparative Negligence Doctrine when damages are being assessed in situations such as automobile collisions. Basically, this doctrine provides that a plaintiff’s recovery is reduced in proportion to the plaintiff’s degree of fault in causing the damage. If a plaintiff’s degree of fault is 50% or greater, then no recovery can be had by plaintiff. An example of this doctrine is explained as follows. John Doe is involved in a collision and sustains $100,000.00 in damages. The jury decided John was 40% at fault in the collision and the Defendant was 60% at fault. John’s damages of $100,000.00 are reduced 40% due to his own negligence, thus John’s recovery of damages is $60,000.00.
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