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H0462................................by JUDICIARY, RULES AND ADMINISTRATION EMPLOYER LIABILITY - Adds to existing law to limit the legal liability of an employer for the tortious acts of an employee. 01/31 House intro - 1st rdg - to printing 02/01 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 462 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO EMPLOYER LIABILITY FOR ACTS OF AN EMPLOYEE; AMENDING CHAPTER 16, 3 TITLE 6, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 6-1607, IDAHO CODE, 4 TO LIMIT THE LIABILITY OF AN EMPLOYER FOR THE TORTIOUS ACTS OF AN 5 EMPLOYEE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 16, Title 6, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 6-1607, Idaho Code, and to read as follows: 10 6-1607. EMPLOYER LIABILITY FOR EMPLOYEE TORTS. (1) No employer shall be 11 directly or indirectly liable in tort based upon an employer/employee rela- 12 tionship for any act or omission of an employee which occurs after the termi- 13 nation of the employee's employment unless it is shown by clear and convincing 14 evidence that the acts or omissions of the employer itself constitute gross 15 negligence or reckless, willful and wanton conduct as those standards are 16 defined in section 6-904C, Idaho Code, and were a proximate cause of the dam- 17 age sustained. 18 (2) There shall be a presumption that an employer is not liable in tort 19 based upon an employer/employee relationship for any act or omission of a cur- 20 rent employee unless the employee was wholly or partially engaged in the 21 employer's business, reasonably appeared to be engaged in the employer's busi- 22 ness, was on the employer's premises when the allegedly tortious act or omis- 23 sion of the employee occurred, or was otherwise under the direction or control 24 of the employer when the act or omission occurred. This presumption may be 25 rebutted only by clear and convincing evidence that the employer's acts or 26 omissions constituted gross negligence or, reckless, willful and wanton con- 27 duct as those standards are defined in section 6-904C, Idaho Code, and were a 28 proximate cause of the damage sustained. 29 (3) In every civil action to which this section applies, an employer 30 shall have the right (pursuant to pretrial motion and after opportunity for 31 discovery) to a hearing before the court in which the person asserting a claim 32 against an employer must establish a reasonable likelihood of proving facts at 33 trial sufficient to support a finding that liability for damages should be 34 apportioned to the employer under the standards set forth in this section. If 35 the court finds that this standard is not met, the claim against the employer 36 shall be dismissed and the employer shall be included on a special verdict 37 form. 38 (4) Nothing in this section shall be construed to expand any rights of 39 recovery under the common law or to limit any person's rights under any other 40 statute including, but not limited to, chapter 59, title 67, Idaho Code, and 41 title 72, Idaho Code.
STATEMENT OF PURPOSE RS 09716C1 This legislation would limit a private or public employer's liability for the acts of former employees committed after the termination of employment and for acts of current employees committed off the job. The person who commits the act which causes the injury will remain responsible for the consequences of the act, but liability will not be imputed to the employer unless the employer has been grossly negligent or reckless. FISCAL NOTE This bill has no fiscal impact except to the extent that liability of the state and local government entities for tort claims would be reduced. CONTACT: Dawn Justice 343-1849 Ken McClure 388-1200 STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 462