The Idaho Liability Reform Coalition is working toward continued improvement of the civil justice system in our state. Our work is helping business, taxpayers and communities all across Idaho. Some of our past accomplishments that changed the face of liability laws in Idaho include:
Cap on Non-Economic Damages of $250,000 – Ensuring an injured party is fully compensated for actual losses, reasonably compensated for non-quantifiable losses such as pain and suffering, and in the process the system now has more predictability concerning the amount of damages to be awarded.
Joint and Several Liability Reform – A single party will not be forced to pay an entire damage award as the “deep pocket” unless that party is solely responsible for causing the injured person’s damages.
Punitive Damages Reform – Punitive damages are intended to punish a wrongdoer rather than compensate someone’s loss. If not controlled, they carry the possibility of exceedingly large awards to someone who has already been fully compensated for their actual losses and make the outcome of a lawsuit very uncertain. This results in a powerful incentive for a defendant to pay large amounts to avoid the possibility of a “shock loss.”
Periodic Payment of Future Damages – Allows an individual to pay damages to an injured party over time, possibly eliminating the need to sell assets for a lump sum payment. This reform also provides the injured party more certainty future needs will be met.
Collateral Source Rule Revised – The Collateral Source rule prevents a jury from being told that part, or in some cases all, of a person’s damages have already been paid for by someone else. This can result in a “double recovery” of damages. The ILRC successfully lobbied to allow judgements to be reduced to account for amounts already paid to an injured party.
Government Liability Reform – Taxpayers are now protected from those interested in taking advantage of government’s “deep pocket.”
Good Samaritan Protection – Volunteers, officers and directors of non-profit organizations are protected from liability, except in cases of “bad” conduct.
Employer Liability Reform –Employers are protected from liability for acts of former employees and of current employees who are off the clock.
Appeal Bond – The amount a party must pay before it can appeal a punitive damages award is limited to ensure a legitimate appeal can be heard, while protecting the prevailing party’s right to receive payment for actual damages. In the absence of this reform, someone with a legitimate grievance about a trial court decision might be denied the ability to have the case reviewed by an appellate court.