Idaho Code 61-809 – Limitation of Claims
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 61-809
- Commission: means the Idaho public utilities commission as established pursuant to section 61-201, Idaho Code. See Idaho Code 61-802
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Stray current or voltage: is:
Idaho Code 61-802Utility: means a public utility as defined in section 61-332A, Idaho Code. See Idaho Code 61-802
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.