Idaho Supreme Court Solidifies Liability Protections: The Enforceability of Broad Recreational Waivers
The Idaho Supreme Court, in a 5-2 decision in Vaughan v. Gateway Parks, LLC, strengthened liability waivers for recreational businesses. This decision significantly impacts Idaho property owners and recreational operators by binding “consenting adults” to broad waiver terms.
RECREATION LAW
Landmark “Assumption of Risk” Ruling: Idaho Supreme Court Reaffirms Ski Area Protections
The Idaho Supreme Court’s substitute opinion in Milus v. Sun Valley Co. reverts to a pro-industry interpretation of the Idaho Ski Area Liability Act. The new ruling establishes that if a hazard is “plainly visible” or “plainly marked,” the skier assumes the risk.
LEGISLATIVE
Emerging Premises Liability Risks: Idaho’s New “Bathroom Bill” and Statutory Duty
Governor Brad Little signed House Bill 752, introducing a new dimension to Idaho premises liability law by creating a “statutory duty” for property owners regarding restroom use. This legislation allows for civil causes of action based on psychological harm.
WORKPLACE SAFETY
Narrowing the Exclusive Remedy: Industrial Safety and Personal Injury Litigation in Idaho
The Idaho Supreme Court’s ruling in Tyler v. Masterpiece Floors, Inc. narrows the “exclusive remedy” rule of worker’s compensation, allowing a civil lawsuit to proceed for an employee injured by a table saw operating without a safety guard. This decision serves as a severe warning to business owners regarding “knowingly hazardous” environments. Key Takeaway: “Bypassing safety equipment to increase productivity may now result in the loss of legal immunity and catastrophic civil judgments.”
PUBLIC PROPERTY
House Bill 900: Idaho’s Aggressive New Stance on State Property Liability
House Bill 900 significantly alters Idaho’s premises liability landscape by mandating that for property damage exceeding $100,000 on public property, the State must pursue “maximum possible recovery” from all liable third parties.
