Idaho Code

Idaho Code § 6-1601 (2026)

Definitions.

✓ current as of May 2026

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Definitions.

As used in this act:

(1) "Charitable corporation or organization or charitable trust" means a corporation or organization or charitable trust including any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation.

(2) "Claimant" means any party to a civil action making a claim for relief, legal or equitable, compensatory or noncompensatory.

(3) "Economic damages" means objectively verifiable monetary loss, including, but not limited to, out-of-pocket expenses, loss of earnings, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, medical expenses, or loss of business or employment opportunities.

(4) "Future damages" means noneconomic damages and economic damages to be incurred after entry of a judgment.

(5) "Noneconomic damages" means subjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party; emotional distress; loss of society and companionship; loss of consortium; or destruction or impairment of the parent-child relationship.

(6) "Nonprofit corporation or organization" means a charitable corporation or organization or charitable trust; any other corporation organized or existing under chapter 30, title 30, Idaho Code, or an equivalent provision of the law of another state; or an unincorporated association, which corporation, organization, charitable trust or unincorporated association is organized and existing exclusively for nonprofit purposes, and which:

(a) Either is tax exempt under section 501(c)(3) of the Internal Revenue Code or regularly bestows benefits to the community at large; and

(b) No part of the net income of which is distributable to its members, directors or officers.

(7) "Personal injury" means a physical injury, sickness or death suffered by an individual.

(8) "Property damage" means loss in value or in use of real or personal property, where such loss arises from physical damage to or destruction of such property.

(9) "Punitive damages" means damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies of punishing a defendant for outrageous conduct and of deterring future like conduct.

(10) "Willful or reckless misconduct" means conduct in which a person makes a conscious choice as to the person’s course of conduct under circumstances in which the person knows or should know that such conduct both creates an unreasonable risk of harm to another and involves a high probability that such harm will actually result.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1990–2024 · leading case: Aguilar v. Coonrod, 262 P.3d 671 (Idaho 2011).

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Aguilar v. Coonrod, 262 P.3d 671 (Idaho 2011). · cites it 4× “Idaho Code § 6-1601 defines "claimant" as "any party to a civil action making a claim for relief, legal or equitable, compensatory or noncompensatory.”

O'DELL v. Basabe, 810 P.2d 1082 (Idaho 1991). · cites it 4× “That definition was accepted by this Court in promulgating Idaho Jury Instruction (IDJI) 921-1: "`Punitive damages' mean damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies…”

Oksman v. City of Idaho Falls, 549 P.3d 1086 (Idaho 2024). · cites it 10× “I.C. § 6-1601(3) (emphasis added). Meanwhile, the term “noneconomic damages” is defined as: [S]ubjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party; emotional…”

Pfau Ex Rel. Raymond v. Comair Holdings, Inc., 15 P.3d 1160 (Idaho 2000). · cites it 8× “Idaho Code § 6-1601 does not change the measure of damages.”

Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). · cites it 2× “This is consistent with I.C. § 6-1601(3), which defines economic damages as follows: (3) "Economic damages” mean objectively verifiable monetary loss, including but not limited to out-of-pocket expenses, loss of earnings, loss of use of property, cost of replacement or repair,…”

City of Boise v. Planet Ins., 878 P.2d 750 (Idaho 1994). · cites it 2× “I.C. § 6-1601(7) (defining terms for statutes concerning “periodic payment of judgments — limitation on certain tort damages and liabilities” as “ ‘Personal injury’ means a physical injury, sickness or death suffered by an individual.”

Walker v. Am. Cyanamid Co., 948 P.2d 1123 (Idaho 1997). · cites it 2× “” I.C. § 6-1601(8). Walker’s potatoes were physically damaged.”

Dennis Ray Hennefer v. Blaine Cnty. Sch. Dist. 61, 346 P.3d 259 (Idaho 2015). · cites it 2× “” See I.C. §§ 6-1601, 6-1603; Kuntz v. Lamar Corp.”

Dutton v. Rando, 204 A.3d 284 (N.J. Super. Ct. App. Div. 2019). “21 (4) ; Idaho Code §§ 6-1601 (5), 1603(1); 740 Ill.”

Hei v. Holzer, 181 P.3d 489 (Idaho 2008). · cites it 2× “Section 1 of that bill, now I.C. § 6-1601, contains definitions of economic damages, future damages, noneconomic damages, property damage, and punitive damages, all of which related to tort actions for personal injury and property damage.”

O'NEIL v. Vasseur, 796 P.2d 134 (Idaho Ct. App. 1990). · cites it 2× “" I.C. § 6-1601(8) (Supp.1989). In order to recover punitive damages, "the claimant must prove, by a preponderance of the evidence, oppressive, fraudulent, wanton, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.”

Burks v. Bailey (In re Bailey), 499 B.R. 873 (Bankr. D. Idaho 2013). · cites it 2× “3. Amount of punitive damages Punitive damages are awarded “to serve the public policies of punishing a defendant for outrageous conduct and of deterring future like conduct.”

Show all 16 citing cases →

— Idaho Code § 6-1601(10) — 1 case

Magee v. J.R. Simplot Co. (D. Idaho 2021).

— Idaho Code § 6-1601(3) — 3 cases

Oksman v. City of Idaho Falls, 549 P.3d 1086 (Idaho 2024). “I.C. § 6-1601(3) (emphasis added). Meanwhile, the term “noneconomic damages” is defined as: [S]ubjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party; emotional…”

Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “This is consistent with I.C. § 6-1601(3), which defines economic damages as follows: (3) "Economic damages” mean objectively verifiable monetary loss, including but not limited to out-of-pocket expenses, loss of earnings, loss of use of property, cost of replacement or repair,…”

Pfau Ex Rel. Raymond v. Comair Holdings, Inc., 15 P.3d 1160 (Idaho 2000). “Idaho Code § 6-1601 does not change the measure of damages.”

— Idaho Code § 6-1601(5) — 1 case

— Idaho Code § 6-1601(7) — 1 case

City of Boise v. Planet Ins., 878 P.2d 750 (Idaho 1994). “I.C. § 6-1601(7) (defining terms for statutes concerning “periodic payment of judgments — limitation on certain tort damages and liabilities” as “ ‘Personal injury’ means a physical injury, sickness or death suffered by an individual.”

— Idaho Code § 6-1601(8) — 2 cases

Walker v. Am. Cyanamid Co., 948 P.2d 1123 (Idaho 1997). “” I.C. § 6-1601(8). Walker’s potatoes were physically damaged.”

O'NEIL v. Vasseur, 796 P.2d 134 (Idaho Ct. App. 1990). “" I.C. § 6-1601(8) (Supp.1989). In order to recover punitive damages, "the claimant must prove, by a preponderance of the evidence, oppressive, fraudulent, wanton, malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted.”

— Idaho Code § 6-1601(9) — 2 cases

O'DELL v. Basabe, 810 P.2d 1082 (Idaho 1991). “That definition was accepted by this Court in promulgating Idaho Jury Instruction (IDJI) 921-1: "`Punitive damages' mean damages awarded to a claimant, over and above what will compensate the claimant for actual personal injury and property damage, to serve the public policies…”

Schaefer v. Ready, 3 P.3d 56 (Idaho Ct. App. 2000).

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