6-904C. 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.
History:
[6-904C, added 1988, ch. 324, sec. 4, p. 985.]
Structure Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 9 - TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES
Section 6-902A - SUPERVISORY PHYSICIAN.
Section 6-903 - LIABILITY OF GOVERNMENTAL ENTITIES — DEFENSE OF EMPLOYEES.
Section 6-904 - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-904A - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-904B - EXCEPTIONS TO GOVERNMENTAL LIABILITY.
Section 6-905 - FILING CLAIMS AGAINST STATE OR EMPLOYEE — TIME.
Section 6-906 - FILING CLAIMS AGAINST POLITICAL SUBDIVISION OR EMPLOYEE — TIME.
Section 6-906A - TIME FOR FILING CLAIMS BY MINORS.
Section 6-907 - CONTENTS OF CLAIMS — FILING BY AGENT OR ATTORNEY — EFFECT OF INACCURACIES.
Section 6-908 - RESTRICTION ON ALLOWANCE OF CLAIMS.
Section 6-909 - TIME FOR ALLOWANCE OR DENIAL OF CLAIMS — EFFECT OF FAILURE TO ACT.
Section 6-910 - SUIT ON DENIED CLAIMS PERMITTED.
Section 6-911 - LIMITATION OF ACTIONS.
Section 6-912 - COMPROMISE AND SETTLEMENT BY GOVERNING BODY.
Section 6-913 - COMPROMISE AND SETTLEMENT BY BOARD OF EXAMINERS.
Section 6-914 - JURISDICTION — RULES OF PROCEDURE.
Section 6-916 - SERVICE OF SUMMONS.
Section 6-917 - RECOVERY AGAINST GOVERNMENTAL ENTITY BAR TO ACTION AGAINST EMPLOYEE.
Section 6-918 - NO PUNITIVE DAMAGES.
Section 6-918A - ATTORNEYS’ FEES.
Section 6-920 - LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE MANAGEMENT.
Section 6-921 - APPORTIONMENT OF COST OF STATE PLAN.
Section 6-922 - PAYMENT BY STATE OF CLAIMS OR JUDGMENTS WHEN NO INSURANCE.
Section 6-923 - AUTHORITY OF POLITICAL SUBDIVISIONS TO PURCHASE INSURANCE.
Section 6-924 - POLICY LIMITS — MINIMUM REQUIREMENTS.
Section 6-925 - POLICY TERMS NOT COMPLYING WITH ACT — CONSTRUCTION — EXCEPTION.
Section 6-927 - TAX LEVY TO PAY COMPREHENSIVE LIABILITY PLAN.
Section 6-928 - TAX LEVY TO PAY CLAIM OR JUDGMENT.
Section 6-929 - LIMITATION OF LIABILITY OF VOLUNTEER FIREMEN.