Idaho Code
Idaho Code § 6-901 (2026)
Short title.
✓ current as of May 2026
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Short title.
This act shall be known and may be cited as the "Idaho tort claims act."
Notes of Decisions
Cited in 113
cases (33 in the last 5 years), 1972–2025 · leading case: Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986).
Doe v. Durtschi, 716 P.2d 1238 (Idaho 1986). “Durtschi then cross-claimed against the school district for indemnification under the Idaho Tort Claims Act, I.C. § 6-901 et seq. (ITCA). The school district answered Durtschi's cross-claim by denying any liability, and cross-claimed itself against Durtschi for indemnification.”
Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990). “Olsen's injury did not occur until after the statute of repose was enacted, and as such, a cognizable liberty or property interest has not been affected.”
Overman v. Klein, 654 P.2d 888 (Idaho 1982). “The trial court dismissed those claims based on state law, holding that as to the defendants' liability in their official capacities, notices as required under the Idaho Tort Claims Act, I.C. §§ 6-901 et seq., had not been timely served.”
Brizendine v. Nampa Meridian Irrigation Dist., 548 P.2d 80 (Idaho 1976). “[3] The plaintiffs have assigned error to this ruling and argue that the Idaho Tort Claims Act, I.C. § 6-901 et seq., is not applicable to an irrigation district as a district is not a municipal or public corporation within the purview of this act.”
Woodworth v. State Ex Rel. Idaho Transp. Bd., 298 P.3d 1066 (Idaho 2013). “” The State insists that Woodworth’s claims “arise out of the ‘plan or design for the construction or improvement’ of a state highway.”
Wickstrom v. North Idaho Coll., 725 P.2d 155 (Idaho 1986). “(I.C. § 6-901 et seq.). In the instant case, however, any discussion of the substance or validity of appellants' tort claim against North Idaho College is moot, given that appellants have failed to comply with the notice provision of the I.”
Mitchell v. Bingham Mem'l Hosp., 942 P.2d 544 (Idaho 1997). “"Political subdivision" is defined as follows: [A]ny county, city, municipal corporation, health district, school district, irrigation district, special improvement or taxing district, or any other political subdivision or public corporation.”
Teurlings v. Larson, 320 P.3d 1224 (Idaho 2014). “Martinez raised the affirmative defense of immunity under the Idaho Tort Claims Act (ITCA), I.C. §§ 6-901 to 929, specifically, I.C. § 6-904(4).”
Sherer v. Pocatello Sch. Dist. 25, 148 P.3d 1232 (Idaho 2006). “25 based on the Idaho Tort Claims Act, Idaho Code §§ 6-901 et seq. I. FACTUAL AND PROCEDURAL BACKGROUND Alameda Junior High School sponsored a carnival to celebrate the last day of the school year and hired Cliffhanger Recreation, a local business, to provide activities for the…”
Walker v. Shoshone Cnty., 739 P.2d 290 (Idaho 1987). “Following the procedures outlined in the Idaho Tort Claims Act, I.C. § 6-901 et seq., the parents filed a claim with the county on April 21, 1983, alleging negligent supervision of Michael on the part of the county officers in charge of the jail.”
Farber v. State, 630 P.2d 685 (Idaho 1981). “A formal claim for damages against the defendant City of Nampa was filed on October 10, 1973, as provided by the Idaho Tort Claims Act (ITCA), I.C. § 6-901, et seq. A complaint against the state was filed on April 11, 1974.”
Stoddart v. Pocatello Sch. Dist. 25, 239 P.3d 784 (Idaho 2010). “I.C. § 6-901 et seq. “The Act abrogates sovereign immunity and renders a governmental entity liable for damages arising out of its negligent acts or omissions.”
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