Idaho Premises Liability Lawyer

What does an Idaho property owner owe a visitor?

It depends on why you were there. Idaho still uses three categories of visitors, and each one receives a different level of protection.

• Invitees are people on the property for a business purpose, such as customers in a store or guests at a hotel. Owners must keep the property reasonably safe, inspect for hazards, and fix or warn about dangers.
• Licensees are people on the property with permission for their own purposes, such as social guests. Owners generally must warn them about hidden dangers they know about.
• Trespassers receive the least protection. Owners generally must only avoid willfully or wantonly injuring them.

Children can be treated differently, especially when an attractive hazard such as a pool or equipment draws them onto a property. Our general premises liability guide explains these categories in more detail.

How do snow and ice affect Idaho slip and fall claims?

Winter weather is a major cause of falls in Idaho, but the existence of snow or ice alone does not make an owner liable. The question is whether the owner acted reasonably given the conditions.

A store that never treats its entrance after a known freeze may be responsible for a fall. So may a landlord who lets a gutter drip onto a walkway, creating a sheet of ice night after night. Evidence that helps these claims includes:

1. Photos of the ice and the surrounding area.
2. Weather records showing when the snow or freeze occurred.
3. Logs of when staff shoveled, salted or inspected.
4. Prior complaints about the same area.

What about injuries at Idaho resorts, ski areas and tribal casinos?

Recreation and tourism bring special rules. Idaho has laws that define the duties of ski area operators and skiers, and laws that limit the liability of outfitters and guides for inherent risks.

These laws do not excuse everything. A resort can still be responsible for a hazardous walkway, a broken lift or an unsafe lodge staircase, which are not inherent risks of skiing. Hotels and vacation rentals around the lakes must keep docks, stairs and decks reasonably safe.

Casinos in Idaho are operated by tribes. Injury claims at tribal casinos often must follow the tribe's own claims process, because tribes have sovereign immunity from many lawsuits. Those procedures can have short deadlines, so report the injury and ask about the claims process right away.

How does the 50% bar apply to a fall?

Your award is reduced by your share of fault, and you recover nothing if you are found 50% or more at fault. Property owners often argue that the hazard was open and obvious.

Here is an example. A shopper slips on spilled liquid in a Nampa grocery store and suffers $80,000 in losses. The store argues the shopper was distracted. If the jury finds the shopper 25% at fault, the recovery is $60,000. At 50%, there is no recovery.

Video from store cameras, cleaning logs and witness accounts often show how long the spill was there and whether the store should have found it.

Can you bring a claim after an injury on public property in Idaho?

Yes, but the rules are stricter. Claims against a city, county, school district or state agency generally require a written notice of claim within 180 days.

Idaho also protects landowners, public and private, who open their land to the public for free recreation. Someone hurt on a free trail or field may face that defense. The protection usually does not apply when a fee is charged, and the exact facts of how the land was opened matter. Our page on government and public property injury claims explains these claims.

When is a property owner responsible for a crime on the premises?

When the crime was foreseeable and the owner failed to take reasonable security steps. Apartment complexes, parking lots, bars and hotels are common settings for these claims.

Prior crimes on the property, broken locks, poor lighting and missing security staff are the most important evidence. Bars and nightclubs in downtown Boise and resort towns may also face claims when staff ignore a brewing fight or fail to remove an aggressive patron. If a fall or assault led to a death, our Idaho wrongful death page explains the family's options. For deadlines and other claim types, see our main Idaho page. Our team offers a free case review.