Idaho Law Blog

The Idaho Industrial Commission decides all claims.

Published on: October 31, 2016 | by Racine Olson

There are occasions when a third party hurts or injures someone while they are working. The injured Idaho worker can bring a claim against these negligent third parties. Under Idaho Code §72-223 the Idaho Worker’s Compensation Insurance Company has a subrogated claim or right to reimbursement from any money that injured worker obtains from the third party. However, there are limits on when they Idaho Worker’s Compensation Insurance Company can ask to be reimbursed for Worker’s Compensation Benefits they have paid. Specifically, the Idaho Supreme held in Adams vs Liberty a 1966 case, if the employer is also partly at fault in causing the accident that injured their own employee they loose their Worker Compensation Insurance Company or Surety looses they subrogated claim.

If a dispute arises between the Idaho Worker’s Compensation claimant and his/her employer Idaho Worker’s Compensation Insurance Company, the Idaho Supreme Court has held

Estate Planning and Minor Children

Published on: October 31, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

For parents with minor children, setting up a basic Estate Plan is the single most important thing you can do. Completing an estate plan allows parents to make sure their child or children will be cared and provided for. Here are the 2 most important things to consider in completing your estate planning if you have minor children.

1. WHO WILL CARE FOR MY CHILD

What Happens When there is a Violation of the Fair Housing Act?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

When a person believes their fair housing rights have been violated they can contact the Department of Housing and Urban Development (HUD) who is the administrative agency responsible for investigating and enforcing the FHA. Such a tenant can contact the HUD by letter, fax, e-mail, or phone or by filing a Complaint on the form provided by HUD on its web site. A Complaint must be filed within one year after an alleged violation of the FHA to be valid.

When a Complaint is timely filed, HUD personnel interview the tenant, the landlord and any other persons who have relevant information, as well as generally investigate the allegations and determine whether a violation of the FHA has occurred. Additionally, when a Complaint is filed the landlord has an opportunity to provide a written Answer as well as any other persons or information that is relevant to the investigation.

Can I use a DIY Estate Planning Kit Online?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The internet has become an integral part of our everyday lives. In fact, it’s hard to imagine a time before emails, YouTube, Facebook, tweeting, Instagram, Amazon and so on. However, not everything having to do with the internet is great. Additionally, not all the information that you get on the internet is reliable or accurate. Along the lines of estate planning, I am often asked by my clients whether they can simply get a do-it-yourself kit from the internet to help them complete their estate planning. Here are the main reasons why this is not a good idea.

ONLINE ESTATE PLANNING KITS ARE GENERIC

What Constitutes a Written Employment Contract?

Published on: October 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Written employment contracts come in all shapes, sizes and forms. Some even have the unambiguous words “Employment Contract” typed in bold words at the top of the first page. But not all do. 　Under Idaho law there is no magic form that in and of itself is the only form that an employment contract must be in. For this reason, sometimes an employment contract exists and no one even knows that it does. Let’s start with the easiest of all, the document that has the title “Employment Contract.” In Idaho this document is rare and elusive, but it does actually exist. In my experience it is most often found in the realm of professional work.

E-mails, letters and other miscellaneous written documents can also create an employment contract. This occurs in Idaho more often that you might think and usually occurs as the parties are simply discussing the creation of a new employment relationship. Nevertheless, if mutual promises and assent occur, a written employment contract may exist. Usually this type of an employment contract doesn’t provide much more than the start date, the responsibilities and the salary/wage. There typically isn’t any information on the term of the contract or how it can be terminated. When this is the case, the employer’s ability to discipline or terminate an employee is simply left up to the employer, which is the case when no employment contract exists.

The Importance of Having a Living Will

Published on: October 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Although I’ve been an attorney for many years now, the first time I really came to understand the importance of having a valid Living Will was not through work. Rather, it occurred many years ago when a friend suffered a serious heart attack.

The paramedics came and took my friend away to be treated at a hospital. When we arrived to show our support to his wife and his family we learned that our friend had been placed on a life-support system which helped him to breathe and helped his heart to circulate blood through his body. Essentially, he was alive, but the doctors told us that there was no hope for recovery.

Keep Trick or Treaters Safe on Halloween

Published on: October 28, 2016 | by Racine Olson

halloween

Halloween is all about fun and being scared for one night. Make sure the fun does not end with a frightening crash. Statistics indicate that children are more than twice more likely to be hit by a car on Halloween than on any other day of the year. Unsafe conditions are created with sunset occurring prior to 7:00 p.m. and children being out on the streets as pedestrians to gather candy. The popular hours to trick-or-treat are between 5:30 p.m. and 9:30 p.m.

AAA Idaho suggests these basic Halloween safety tips:

Drive slower than posted speed limits. Children are excited and preoccupied with the activities of the night and forget about traffic and potential dangers. They may dart out into traffic. Young children lack the ability to judge the speed and distance needed for a car to stop.

Products liability

Published on: October 28, 2016 | by Racine Olson

By Patrick N. George

All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. However, this does not always happen. Manufacturers sometimes overlook safety regulations or rush the manufacturing or testing process. At times they do not have qualified safety design people examining and testing the product. As a consequence, products that can cause consumers injury manage to find their way into the public purview.

Every consumer, has legal rights under product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, defective trailers, and more.

Residential Lease Agreements and Personal Guarantees

Published on: October 28, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The issue of guarantees and/or co-signers on a lease agreement is related to the issue of who the parties to the lease agreement are. The person who owns the property and is renting the property is the landlord. The person who is renting the property is the tenant. Even though these are the basic parties to a lease agreement there are instances where there might be other parties involved as well. These additional parties include persons who guaranty and/or co-sign the lease agreement but who are not actually tenants renting the property. This happens often when you have a young tenant, such as a college student, who may be renting from a landlord for the first time.

A “‘[g]uaranty’ is an undertaking or promise on the part of a guarantor which is collateral to a primary or principal obligation and binds the guarantor to performance in the event of nonperformance of the principal obligor.” Industrial Inv. Corp. v. Rocca, 100 Idaho 228, 596 P.2d 100, appeal after remand, 102 Idaho 920, 643 P.2d 1090 (1979).

Death Without a Last Will and Testament

Published on: October 28, 2016 | by Racine Olson

By Matthew P. Stucki

When people in the community discover that I am an attorney that practices in the area of estate planning, one of the first questions that they ask is what happens upon my death if I do not have a Last Will and Testament. In response, I inform them that if they die in Idaho, the Idaho legislature has promulgated statutes that provide for the distribution of one’s property upon death if there is not a valid Last Will and Testament.

These statutes can be found in Idaho Code, Title 15, Chapter 2. In essence, all community property of a deceased individual passes to the surviving spouse. (See, Idaho Code § 15-2-102). However, if there is not a surviving spouse, then the deceased person’s property passes according to the following priority: