No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, negligence per se. In determining whether the utility was negligent, the utility’s conduct shall be judged using a standard of ordinary care under the existing circumstances.
Idaho Code § 61-809
Limitation of claims
I.C., § 61-809, as added by 2005, ch. 189, § 1, p. 578.
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.