Idaho Code

Idaho Code § 6-806 (2026)

Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section. 

✓ current as of May 2026
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Effect of release of one tortfeasor on his liability for contribution to others — Limits on application of section. 

A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person’s damages recoverable against all the other tortfeasors. This section shall apply only if the issue of proportionate fault is litigated between joint tortfeasors in the same action.

Notes of Decisions
Cited in 9 cases, 1986–2014 · leading case: Quick v. Crane, 727 P.2d 1187 (Idaho 1986).
Quick v. Crane, 727 P.2d 1187 (Idaho 1986). · cites it 4× “Under I.C. § 6-806, the general rule is that a tortfeasor who settles with an injured party is still liable to make contribution to other tortfeasors, unless the release (1) is given before the rights of the other tortfeasors to secure judgment for contribution has accrued, and…”
Truck Ins. Exch. v. Bishara, 916 P.2d 1275 (Idaho 1996). · cites it 12× “In order to avoid contribution claims by non-settling tortfeasors, I.C. § 6-806 sets forth guidelines that the settling tortfeasor should utilize in drafting a release.”
Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). · cites it 4× “When enacted in 1971, Idaho Code section 6-806 provided: A release by the injured person of one (1) joint tortfeasor does not relieve him *127 from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to…”
Findley v. Blinken (In Re Jt. E. & S. Dist. Asbestos Litig.), 129 B.R. 710 (S.D.N.Y. 1991). “, Idaho Code § 6-806 . The major advantage of this rule is convenience; shares are easy to calculate.”
Nelson v. Bennett, 662 F. Supp. 1324 (E.D. Cal. 1987). “§ 663-15 (1976); Idaho Code § 6-806 (1979); IU.Stat. ch. 70 § 302(d) (1983); MassXaws ch.”
Tucker v. Palmer, 735 P.2d 959 (Idaho 1987). · cites it 2× “…on Uniform State Laws. I.C. §§ 6-805 and 6-806 conform to §§ 4 and 5 of the Act, with a sentence added to I.C. § 6-806 to conform with Idaho’s comparative negligence scheme. Seven other states have adopted substantially the 1939 version of the Uniform Contribution…”
St. Al's v. MRI Assocs. (Idaho 2014). · cites it 4× “When enacted in 1971, Idaho Code section 6-806 provided: A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to…”
St. Al's v. MRI Assocs. (Idaho 2014). · cites it 4× “When enacted in 1971, Idaho Code section 6-806 provided: A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to…”
St. Als v. MRI Assocs. (Idaho 2014). · cites it 4× “When enacted in 1971, Idaho Code section 6-806 provided: A release by the injured person of one (1) joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to…”
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