61-809. LIMITATION OF CLAIMS. No claim for nuisance may be asserted against a utility for damages due to stray current or voltage. Claims against a utility for damages due to stray current or voltage shall be limited to claims of negligence, including in the case of a prior determination of the commission pursuant to subsections (3) or (4) of section 61-805, Idaho Code, negligence per se. In determining whether the utility was negligent, the utility’s conduct shall be judged using a standard of ordinary care under the existing circumstances.
History:
[61-809, added 2005, ch. 189, sec. 1, p. 581.]
Structure Idaho Code
Title 61 - PUBLIC UTILITY REGULATION
Chapter 8 - STRAY CURRENT AND VOLTAGE REMEDIATION ACT
Section 61-801 - LEGISLATIVE FINDINGS AND PURPOSES.
Section 61-804 - CLAIM — NOTICE — RESPONSE OF UTILITY.
Section 61-805 - COMMISSION — JURISDICTION — ORDERS.
Section 61-806 - COMMISSION — RULES OF PRACTICE AND PROCEDURE.