Idaho Code
Idaho Code § 6-1404 (2026)
Comparative responsibility.
✓ current as of May 2026
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Comparative responsibility.
Comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such responsibility was not as great as the responsibility of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of responsibility attributable to the person recovering.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1985–2021 · leading case: Watson v. Navistar Int'l Transp. Corp., 827 P.2d 656 (Idaho 1992).
Watson v. Navistar Int'l Transp. Corp., 827 P.2d 656 (Idaho 1992). “Section 6-1404 of the Act states that a person's recovery may be reduced in the proportion to which the plaintiff was responsible for the harm suffered.”
United States Aviation Underwriters, Inc. v. Pilatus Bus. Aircraft, Ltd., 582 F.3d 1131 (10th Cir. 2009). “Idaho Code Ann. § 6-1404 . Colorado has no such prohibition.”
Salinas v. Vierstra, 695 P.2d 369 (Idaho 1985). “Section 6-1404 of the Act states that a person's recovery may be reduced in the proportion to which the plaintiff was responsible for the harm suffered.”
Puckett v. Oakfabco, Inc., 979 P.2d 1174 (Idaho 1999). “While I.C. § 6-1404 states that comparative negligence shall not be a bar to recover personal injuries, its application is limited to instances where the plaintiffs responsibility for his injuries is less than that of the manufacturer.”
Griffin v. Ste. Michelle Wine Estates LTD., 491 P.3d 619 (Idaho 2021). “Section 6-1404 provides: Comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such responsibility was not as great as the…”
Pate v. Columbia Mach., Inc., 930 F. Supp. 451 (D. Idaho 1996). “A provision of the IPLA — specifically, I.C. § 6-1404 — provides that [cjomparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for product liability resulting in death or injury to person or property, if such…”
Goehring v. Target, 91 F. App'x 1 (9th Cir. 2004). “” Idaho Code § 6-1404 (2003). The district court’s grant of summary judgment is reversed with respect to Flying J.”
Employers Mut. Cas. Co. v. Plastic Welding & Fabrication, Ltd. (D. Idaho 2020). “PWF’s affirmative defenses include that, Employers failed to state a claim for which relief can be granted, TSS was negligent and its damages were proximately caused by persons other than PWF, and TSS’s claims and damages are barred by Idaho Code §§ 6-1404 and 6-1405 due to…”
United States Aviation Underwriters, Inc. v. Pilatus Bus. Aircraft, Ltd., 711 F. Supp. 2d 1282 (D. Colo. 2010). “Idaho’s comparative fault statute, Idaho Code Ann. § 6-1404 , prohibits recovery if a plaintiff is deemed 50% or more at fault.”
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