Idaho Modified Comparative Negligence Calculator

Idaho bars recovery at 50% fault — and with more than one defendant, it compares your fault to each one separately, not to the group combined. That distinction can decide your case.

Modified comparative negligence, 50% bar, individual rule FigureMyTax Editorial Team Free · no sign-up

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault against a single defendant. In Idaho, each defendant is judged on their own.

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Idaho's rule: barred at 50%, against this defendant

Under Idaho Code § 6-801, contributory negligence does not bar recovery as long as the claimant's negligence was not as great as the negligence of the person against whom recovery is sought — meaning a claimant can recover only if their fault is strictly less than 50% against that specific party. Damages allowed are then diminished in proportion to the claimant's own fault.

The genuinely distinctive part: the individual rule

With multiple defendants, Idaho applies what's known as the individual rule. Rather than comparing the claimant's fault to the combined, aggregate fault of every defendant together, Idaho compares it to each defendant individually. A claimant can only recover against a specific defendant if that defendant's own share of fault exceeds the claimant's — not simply if the defendants' total fault, added together, exceeds the claimant's.

Why this matters: a worked example

Suppose a claimant is found 40% at fault, and two defendants are found 35% and 25% at fault respectively. The two defendants' combined fault (60%) clearly exceeds the claimant's 40%. But under Idaho's individual rule, the claimant cannot recover against either defendant separately, because neither individual share (35% or 25%) exceeds the claimant's own 40%. This produces a genuinely different, often harsher, outcome than an aggregate-comparison state like Connecticut or Hawaii would reach on the identical facts.

An exception for vicarious liability

The individual rule does not apply where one defendant is vicariously liable for another defendant's negligence — an employer held responsible for an employee's actions, for example. In that situation, the vicariously liable defendant's responsibility is tied to the underlying negligent party's share, rather than being treated as a separate, independent percentage.

Joint and several liability: limited, not eliminated

Idaho has also limited the old common-law doctrine of joint and several liability to a specific, listed set of causes of action. Outside those listed situations, each defendant whose fault exceeds the claimant's generally owes only their own proportionate share of the total damages, rather than being on the hook for the whole amount.

Idaho comparative negligence — frequently asked questions

Does Idaho use a 50% or 51% bar for comparative negligence?

A 50% bar. Under Idaho Code § 6-801, a claimant cannot recover if they are 50% or more at fault — recovery requires fault strictly less than the other party's.

What is Idaho's individual rule for multiple defendants?

A rule requiring that each individual defendant's negligence exceed the plaintiff's negligence before the plaintiff can recover against that specific defendant — the comparison happens defendant by defendant, not against the group's combined fault.

What happens if I'm 40% at fault but no single defendant is more than 35% at fault?

Under Idaho's individual rule, you cannot recover against that defendant, because their individual share (35%) does not exceed your own (40%) — even though the combined fault of all defendants together exceeds yours.

Is there an exception to Idaho's individual rule?

Yes. The individual rule does not apply when one defendant is vicariously liable for the negligence of another defendant, such as an employer held responsible for an employee's actions.

Does Idaho still use joint and several liability?

Only in limited circumstances specifically listed by statute. Otherwise, each defendant is generally responsible only for their own proportionate share of the damages.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Idaho statute (Idaho Code § 6-801 to § 6-803) verified per our methodology. This calculator assumes a single defendant; multi-defendant claims follow Idaho's individual rule described above. Confirm how these rules apply to a specific claim with a licensed Idaho attorney before acting.