Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence or comparative responsibility attributable to the person recovering. Nothing contained herein shall create any new legal theory, cause of action, or legal defense.
Idaho Code § 6-801
Comparative negligence or comparative responsibility — Effect of contributory negligence
Applied in 25 court decisions — leading case 163 W. Va. 332 - Bradley v. Appalachian Power Co. (1979)
Most recently applied in Does I-Xix v. Boy Scouts of Am. (April 2019)
1971, ch. 186, § 1, p. 862; am. 1987, ch. 278, § 2, p. 571.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.