Idaho Code
Idaho Code § 6-803 (2026)
Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability.
✓ current as of May 2026
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Contribution among joint tortfeasors — Declaration of right — Exception — Limited joint and several liability.
(1) The right of contribution exists among joint tortfeasors, but a joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.
(2) A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
(3) The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section. In any action in which the trier of fact attributes the percentage of negligence or comparative responsibility to persons listed on a special verdict, the court shall enter a separate judgment against each party whose negligence or comparative responsibility exceeds the negligence or comparative responsibility attributed to the person recovering. The negligence or comparative responsibility of each such party is to be compared individually to the negligence or comparative responsibility of the person recovering. Judgment against each such party shall be entered in an amount equal to each party’s proportionate share of the total damages awarded.
(4) As used herein, "joint tortfeasor" means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
(5) A party shall be jointly and severally liable for the fault of another person or entity or for payment of the proportionate share of another party where they were acting in concert or when a person was acting as an agent or servant of another party. As used in this section, "acting in concert" means pursuing a common plan or design which results in the commission of an intentional or reckless tortious act.
Notes of Decisions
Cited in 63
cases (4 in the last 5 years), 1973–2026 · leading case: Curtis v. Canyon High. Dist. No. 4, 831 P.2d 541 (Idaho 1992).
Curtis v. Canyon High. Dist. No. 4, 831 P.2d 541 (Idaho 1992). “Because of this, the question we must answer is whether the legislature, by adopting the 1987 amendments to I.C. § 6-803, impliedly repealed I.C. § 6-805.”
Masters v. State, 668 P.2d 73 (Idaho 1983). “Griesmers first argue that the state is not a joint tortfeasor within the meaning of I.C. § 6-803 because it does not share a "common liability" with the Griesmers and hence the state is not entitled to contribution.”
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). “As initially adopted, the term “pro rata share(s)” occurred only in sections 6-803 and 6-806. Ch. 186, §§ 3 & 6, 1971 Idaho Sess.”
Idaho Dep't of Labor v. Sunset Marts, Inc., 91 P.3d 1111 (Idaho 2004). “Laws 862 , 863-64 (former Idaho Code § 6-803 ). Therefore, where, as in Hickman , there was no negligence attributable to the plaintiffs and one of the tortfeasors was not a party to the litigation, there was no need to include that tortfeasor on the verdict.”
Doe v. Cutter Biological, a Div. of Miles, Inc., 852 F. Supp. 909 (D. Idaho 1994). “In support of their position, defendants note the absence of judicial decisions on the issue of alternative liability and, from a legislative standpoint, emphasize the advent of tort reform, the limitations placed on the common law doctrine of joint and several liability under…”
Tucker v. Union Oil Co. of California, 603 P.2d 156 (Idaho 1979). “We also hold that a limitation of liability based on proportionate fault, as argued by Collier, would be inconsistent with I.C. § 6-803(3), which provides: "When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among…”
Rausch v. Pocatello Lumber Co., Inc., 14 P.3d 1074 (Idaho Ct. App. 2000). “This issue is governed by Idaho Code § 6-803 (3), by which the Idaho legislature largely abrogated the common law doctrine of joint and several liability for joint tortfeasors.”
Quick v. Crane, 727 P.2d 1187 (Idaho 1986). “The term "joint tortfeasor" is defined in I.C. § 6-803(4) which reads, "As used herein, `joint tortfeasor' means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been received against…”
Athay v. Stacey, 196 P.3d 325 (Idaho 2008). “Relying upon Idaho Code § 6-803 (5), 7 the Plaintiff also argues that Deputy Athay could be jointly and severally liable for any damages awarded against Sheriff Stacey because they were acting in concert during the pursuit in that they were pursuing a common plan which resulted…”
Jones v. Healthsouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009). “In support of its argument, TVH directs our attention to I.C. § 6-803, under which the Idaho legislature has limited the application *116 of joint and several liability to two situations: 1) where a party was acting in concert with another, or 2) where a party was acting as an…”
Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “§ 6-803(3) states, in pertinent part: “The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section____” Idaho Code § 6-803 (5) states: (5) A party shall be jointly and severally hable for the fault of…”
Luna v. Shockey Sheet Metal & Welding Co., 743 P.2d 61 (Idaho 1987). “§ 6-803(3) which provides: When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in…”
— Idaho Code § 6-803(1) — 7 cases
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). “As initially adopted, the term “pro rata share(s)” occurred only in sections 6-803 and 6-806. Ch. 186, §§ 3 & 6, 1971 Idaho Sess.”
Payne v. Foley, 639 P.2d 1126 (Idaho 1982).
Burgess v. Salmon River Canal Co., 805 P.2d 1223 (Idaho 1991).
Hydraulic & Air Equip. Co. v. Mobil Oil Corp., 785 P.2d 947 (Idaho Ct. App. 1989).
St. Al's v. MRI Assocs. (Idaho 2014).
— Idaho Code § 6-803(2) — 1 case
Brockman Mobile Home Sales v. Lee, 567 P.2d 1281 (Idaho 1977).
— Idaho Code § 6-803(3) — 14 cases
Tucker v. Union Oil Co. of California, 603 P.2d 156 (Idaho 1979). “We also hold that a limitation of liability based on proportionate fault, as argued by Collier, would be inconsistent with I.C. § 6-803(3), which provides: "When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among…”
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). “As initially adopted, the term “pro rata share(s)” occurred only in sections 6-803 and 6-806. Ch. 186, §§ 3 & 6, 1971 Idaho Sess.”
Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “§ 6-803(3) states, in pertinent part: “The common law doctrine of joint and several liability is hereby limited to causes of action listed in subsection (5) of this section____” Idaho Code § 6-803 (5) states: (5) A party shall be jointly and severally hable for the fault of…”
Bantz v. Mut. of Enumclaw Ins., 864 P.2d 618 (Idaho 1993).
Luna v. Shockey Sheet Metal & Welding Co., 743 P.2d 61 (Idaho 1987). “§ 6-803(3) which provides: When there is such a disproportion of fault among joint tortfeasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tortfeasors shall be considered in…”
— Idaho Code § 6-803(4) — 8 cases
Quick v. Crane, 727 P.2d 1187 (Idaho 1986). “The term "joint tortfeasor" is defined in I.C. § 6-803(4) which reads, "As used herein, `joint tortfeasor' means one (1) of two (2) or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been received against…”
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). “As initially adopted, the term “pro rata share(s)” occurred only in sections 6-803 and 6-806. Ch. 186, §§ 3 & 6, 1971 Idaho Sess.”
Holve v. Draper, 505 P.2d 1265 (Idaho 1973).
Blome v. TRUKSA, 946 P.2d 631 (Idaho 1997).
Brockman Mobile Home Sales v. Lee, 567 P.2d 1281 (Idaho 1977).
— Idaho Code § 6-803(5) — 3 cases
Jones v. Healthsouth Treasure Valley Hosp., 206 P.3d 473 (Idaho 2009). “In support of its argument, TVH directs our attention to I.C. § 6-803, under which the Idaho legislature has limited the application *116 of joint and several liability to two situations: 1) where a party was acting in concert with another, or 2) where a party was acting as an…”
Rausch v. Pocatello Lumber Co., Inc., 14 P.3d 1074 (Idaho Ct. App. 2000). “This issue is governed by Idaho Code § 6-803 (3), by which the Idaho legislature largely abrogated the common law doctrine of joint and several liability for joint tortfeasors.”
Idaho Dep't of Labor v. Sunset Marts, Inc., 91 P.3d 1111 (Idaho 2004). “Laws 862 , 863-64 (former Idaho Code § 6-803 ). Therefore, where, as in Hickman , there was no negligence attributable to the plaintiffs and one of the tortfeasors was not a party to the litigation, there was no need to include that tortfeasor on the verdict.”
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