Idaho Code 56-705 – Civil Liability for Intentional Violation of Statutes Protecting Disabled Persons
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 56-705
- Assistance device: means a cane or walking stick, predominantly white or metallic in color, with or without red tip, or a manual or motorized wheelchair or similar scooter, or other similar devices that enhance the safety or mobility of a disabled person. See Idaho Code 56-701A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Plaintiff: The person who files the complaint in a civil lawsuit. Service dog: means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. See Idaho Code 56-701A
Civil action may be brought against any person intentionally violating the provisions of section 18-5811, 18-5811A, 18-5812 or 18-5812A, Idaho Code, with judgment awarded upon proof of the elements to a preponderance of the evidence. As a part of any such civil judgment, a successful plaintiff shall be awarded punitive damages in an amount equal to all other damages suffered by the plaintiff, but in no event less than five hundred dollars ($500). The failure of a disabled person to use an assistance device or a service dog shall not be held to constitute nor be evidence of contributory negligence in any civil action.