Idaho Code

Idaho Code § 6-904C (2026)

Definitions.

✓ current as of May 2026

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Definitions.

For the purposes of this chapter, and this chapter only, the following words and phrases shall be defined as follows:

1. "Gross negligence" is the doing or failing to do an act which a reasonable person in a similar situation and of similar responsibility would, with a minimum of contemplation, be inescapably drawn to recognize his or her duty to do or not do such act and that failing that duty shows deliberate indifference to the harmful consequences to others.

2. "Reckless, willful and wanton conduct" is present only when a person intentionally and knowingly does or fails to do an act creating unreasonable risk of harm to another, and which involves a high degree of probability that such harm will result.

Notes of Decisions

Cited in 28 cases (6 in the last 5 years), 1991–2025 · leading case: Harris v. State, Dept. of Health, 847 P.2d 1156 (Idaho 1992).

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Harris v. State, Dept. of Health, 847 P.2d 1156 (Idaho 1992). · cites it 16× “The Jacobsen analysis of "willful and wanton" conduct is instructive in this case because the Court embraces a definition of "willful and wanton" that is much the same as the definition found in I.C. § 6-904C for "reckless, willful and wanton" conduct.”

Hunter v. State, Dept. of Corr., 57 P.3d 755 (Idaho 2002). · cites it 6× “Idaho Code § 6 -904A states in relevant part that: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in § 6-904C, Idaho Code,…”

Hill-Vu Mobile Home Park v. City of Pocatello, 402 P.3d 1041 (Idaho 2017). · cites it 6× “Did the District Court Err in Holding that Recovery of the PILOT Was Barred by Idaho Code Section 6-904A? Idaho Code section 6-904A states, insofar as is relevant: A governmental entity and its employees while acting within the course and scope of their employment and without…”

Cafferty v. State, Dept. of Transp., 160 P.3d 763 (Idaho 2007). · cites it 6× “Idaho Code § 6 -904B provides, in pertinent part: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section…”

Crown v. State, Dep't of Agric., 898 P.2d 1086 (Idaho 1995). · cites it 14× “§ 6-904B and I.C. § 6-904C without analyzing whether I.”

Sherer v. Pocatello Sch. Dist. 25, 148 P.3d 1232 (Idaho 2006). · cites it 4× “The statute in relevant part reads as follows: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code,…”

Rincover v. State, Dep't of Fin., Sec. Bureau, 917 P.2d 1293 (Idaho 1996). · cites it 6× “” I.C. § 6-904C (emphasis added). However, the issue of the reasonableness of the State’s conduct in Mr.”

Nava v. Rivas-del Toro, 264 P.3d 960 (Idaho 2011). · cites it 4× “If it does, then the plaintiff would have to establish a reasonable likelihood of proving, by clear and convincing evidence, that the “employer’s acts or omissions constituted gross negligence or, reckless, willful and wanton conduct as those standards are defined in section…”

Nelson v. Anderson Lumber Co., 99 P.3d 1092 (Idaho Ct. App. 2004). · cites it 2× “Idaho Code Section 6-904B provides, in pertinent part: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in…”

Farnworth v. Ratliff, 999 P.2d 892 (Idaho 2000). · cites it 6× “Additionally, I.C. § 6-904C defines “reckless, willful and wanton conduct” as present “only when a person intentionally and knowingly does or fails to do an act creating unreasonable risk of harm to another, and which involves a high degree of probability that such harm will…”

John Block v. City of Lewiston, 328 P.3d 464 (Idaho 2014). · cites it 4× “§ 6-904B states: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code shall not be…”

Shubert v. Ada Cnty., 461 P.3d 740 (Idaho 2020). · cites it 2× “The statute provides: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any…”

Show all 28 citing cases →

— Idaho Code § 6-904C(1) — 2 cases

John Block v. City of Lewiston, 328 P.3d 464 (Idaho 2014). “§ 6-904B states: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code shall not be…”

Perez v. Jefferson Cnty. (D. Idaho 2023).

— Idaho Code § 6-904C(2) — 5 cases

Harris v. State, Dept. of Health, 847 P.2d 1156 (Idaho 1992). “The Jacobsen analysis of "willful and wanton" conduct is instructive in this case because the Court embraces a definition of "willful and wanton" that is much the same as the definition found in I.C. § 6-904C for "reckless, willful and wanton" conduct.”

Sherer v. Pocatello Sch. Dist. 25, 148 P.3d 1232 (Idaho 2006). “The statute in relevant part reads as follows: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code,…”

Cafferty v. State, Dept. of Transp., 160 P.3d 763 (Idaho 2007). “Idaho Code § 6 -904B provides, in pertinent part: A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without gross negligence or reckless, willful and wanton conduct as defined in section…”

Mareci v. Coeur D'Alene Sch. Dist. No. 271, 250 P.3d 791 (Idaho 2011).

Mattson v. IDHW (Idaho 2023).

— Idaho Code § 6-904C(l) — 2 cases

Crown v. State, Dep't of Agric., 898 P.2d 1086 (Idaho 1995). “§ 6-904B and I.C. § 6-904C without analyzing whether I.”

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