Negligence: What It Is and How to Seek Justice in Idaho

If you or someone you know is injured by someone else’s actions, you can pursue the at-fault party for damages under the legal theory that they were negligent.

What Is Negligence?

In short, negligence is when someone’s actions hurt someone else.

In Idaho, “Every person has a general duty to use due or ordinary care not to injure others” Alegria v. Payonk, 101 Idaho 617, 619 (Idaho 1980). Negligence is when someone fails to act with reasonable care under the circumstances. A person can be found negligent either because of their actions (speeding which causes a car accident) or because of their lack of action (like failing to stop at a red light and causing a car accident).

If you are unsure if you were injured by someone else’s negligence, whether it be in a car crash, dog bite, or other event, Jane Gordon Law offers free consultations to evaluate your case.

To bring a negligence claim under Idaho Law, you must prove four things:

1) There is a legal duty the at-fault person owes the injured person.
2) The at-fault person breached the legal duty.
3) The breach of duty caused harm to the injured person
4) There is actual loss or damage.

When we evaluate whether someone breached the legal duty, we look at if the at-fault party behaved as a reasonable person under the circumstances. Sometimes, the at-fault party receives a citation or criminal charge for their vicious dog or car wreck. Even if the fault is obvious, the insurance companies will still dispute your injuries and the total value of your case.

Types of Negligence Claims

Car Wrecks

Car wrecks are the most common negligence claims. There were 27,661 car wrecks in Idaho in 2022, 194 of those wrecks resulted in fatalities. There were 3,800 car wrecks in Ada County alone so far in 2023.

Dog Bites

There were 34 hospitalizations for dog bites in 2021 (the last year data is currently available). Dog bites are incredibly frightening and can cause severe mental trauma. It’s very important to get legal guidance early on to help navigate the maze of medical bills, pursuing the insurance, reporting the dog bite, and healing. We are exceptionally skilled at navigating Idaho law and city and county ordinances to get compensation for dog bite victims.

Pedestrian Injuries

Sadly, this year has had a record-breaking number of pedestrian injuries in Boise and Ada County. At the time of writing, Ada County registered 28 reported collisions where people were hit by cars. Like bike wrecks and car wrecks, distracted driving is the main culprit for pedestrian injuries.

Bike Wrecks

Idaho reported 101 bike wrecks caused by cars in 2022. Distracted driving is the main cause for bike wrecks. If you get hit while riding a bike (including if someone opens a door into you), call the police, get insurance information, and go to the ER to be properly evaluated.

Slip and Falls

Slip and fall cases are also referred to as premises liability cases. These occur when you are injured on someone’s property. Idaho law divides visitors to a property into different categories In each category, the landowner has different obligations to the visitor. Some examples these types of claims are slipping on wet floors, tripping on merchandise that is left in the aisle, falling on ice in the walkway of a store. If you were injured at a store or on someone else’s property, call Jane Gordon Law for an evaluation of your case.

Motorcycle Wrecks

Distracted drivers who don’t see motorcycles are the most common cause of motorcycle wrecks in Idaho. If you are unlucky enough to be hit by a car while riding a motorcycle, you should call law enforcement, trade insurance information, and seek medical treatment. Make sure you or someone else takes good photos of your motorcycle.

Day Care Injuries

No one wants to worry about their child being injured at a daycare. Luckily, day care injuries in Idaho are not commonplace. Occasionally, accidents happen either with day care equipment, another student, or with a daycare employee. If this happens, its important to take your child to get medical treatment and to send a spoliation letter under Idaho law to preserve evidence.