Section 6-901 – SHORT TITLE.

6-901. SHORT TITLE. This act shall be known and may be cited as the "Idaho tort claims act." History: [6-901, added 1971, ch. 150, sec. 1, p. 743.]

Section 6-902 – DEFINITIONS.

6-902. DEFINITIONS. As used in this act: 1. "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof. 2. "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, an operating agent of irrigation districts whose board consists of […]

Section 6-902A – SUPERVISORY PHYSICIAN.

6-902A. SUPERVISORY PHYSICIAN. (1) For purposes of this chapter only, a supervisory physician shall be considered an employee. (2) As used in this section: (a) "Supervisory duties" means those administrative duties of a physician who supervises personnel affiliated with a licensed ambulance or non-transport service including, but not limited to, disciplining and educating personnel, setting […]

Section 6-903 – LIABILITY OF GOVERNMENTAL ENTITIES — DEFENSE OF EMPLOYEES.

6-903. LIABILITY OF GOVERNMENTAL ENTITIES — DEFENSE OF EMPLOYEES. (1) Except as otherwise provided in this act, every governmental entity is subject to liability for money damages arising out of its negligent or otherwise wrongful acts or omissions and those of its employees acting within the course and scope of their employment or duties, whether […]

Section 6-904 – EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent shall not be liable for any claim which: 1. Arises out of any act or omission of an employee of the governmental entity exercising ordinary care, in reliance […]

Section 6-904A – EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904A. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which: 1. Arises out of the assessment […]

Section 6-904B – EXCEPTIONS TO GOVERNMENTAL LIABILITY.

6-904B. EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which: 1. Arises out […]

Section 6-904C – DEFINITIONS.

6-904C. DEFINITIONS. For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows: 1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility would, with a minimum of contemplation, be inescapably drawn […]

Section 6-905 – FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME.

6-905. FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME. All claims against the state arising under the provisions of this act and all claims against an employee of the state for any act or omission of the employee within the course or scope of his employment shall be presented to and filed with the secretary […]

Section 6-906 – FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME.

6-906. FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME. All claims against a political subdivison [subdivision] arising under the provisions of this act and all claims against an employee of a political subdivision for any act or omission of the employee within the course or scope of his employment shall be presented to and […]

Section 6-906A – TIME FOR FILING CLAIMS BY MINORS.

6-906A. TIME FOR FILING CLAIMS BY MINORS. No person who is a minor shall be required to present and file a claim against a governmental entity or its employee under this chapter until one hundred eighty (180) days after said person reaches the age of majority or six (6) years from the date the claim […]

Section 6-907 – CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES.

6-907. CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES. All claims presented to and filed with a governmental entity shall accurately describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the […]

Section 6-908 – RESTRICTION ON ALLOWANCE OF CLAIMS.

6-908. RESTRICTION ON ALLOWANCE OF CLAIMS. No claim or action shall be allowed against a governmental entity or its employee unless the claim has been presented and filed within the time limits prescribed by this act. History: [6-908, added 1971, ch. 150, sec. 8, p. 743; am. 1976, ch. 309, sec. 7, p. 1065.]

Section 6-909 – TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT.

6-909. TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT. Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have […]

Section 6-910 – SUIT ON DENIED CLAIMS PERMITTED.

6-910. SUIT ON DENIED CLAIMS PERMITTED. If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act. History: [6-910, added 1971, ch. 150, sec. 10, p. 743; am. 1976, ch. 309, sec. 9, […]

Section 6-911 – LIMITATION OF ACTIONS.

6-911. LIMITATION OF ACTIONS. Every claim against a governmental entity permitted under the provisions of this act or against an employee of a governmental entity shall be forever barred, unless an action is begun within two (2) years after the date the claim arose or reasonably should have been discovered, whichever is later. History: [6-911, […]

Section 6-912 – COMPROMISE AND SETTLEMENT BY GOVERNING BODY.

6-912. COMPROMISE AND SETTLEMENT BY GOVERNING BODY. The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any. History: [6-912, added 1971, ch. 150, sec. 12, p. 743.]

Section 6-913 – COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS.

6-913. COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS. The board of examiners may compromise and settle any claim allowed by this act, subject to the terms of the insurance, if any. History: [6-913, added 1971, ch. 150, sec. 13, p. 743.]

Section 6-914 – JURISDICTION — RULES OF PROCEDURE.

6-914. JURISDICTION — RULES OF PROCEDURE. The district court shall have jurisdiction over any action brought under this act and such actions shall be governed by the Idaho rules of civil procedure insofar as they are consistent with this act. History: [6-914, added 1971, ch. 150, sec. 14, p. 743.]

Section 6-915 – VENUE.

6-915. VENUE. Actions against the state or its employee shall be brought in the county in which the cause of action arose or in Ada County. In addition, a resident of the state of Idaho may bring an action in the county of his residence. Actions against a political subdivision or its employee shall be […]