Medical Malpractice Law

Contributory Or Comparative Negligence

The contributory negligence of a claimant does not bar recovery if the claimant's fault is less than the defendant's fault. Idaho Code § 6­801 (1990). Idaho has adopted the “individual rule” form of contributory negligence: the claimant's negligence is compared to each defendant's negligence and the claimant is barred from recovery as to those defendants who are less negligent than he is. Id.; Beitzel v. City of Coeur d'Alene, 121 Idaho 709, 827 P.2d 1160 (1992). Where recovery is allowed, damages are diminished in proportion to the comparative responsibility attributable to the claimant.