TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 9

TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES

6-902.  Definitions. As used in this act:

1.  "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof.

2.  "Political subdivision" means any county, city, municipal corporation, health district, school district, irrigation district, an operating agent of irrigation districts whose board consists of directors of its member districts, special improvement or taxing district, or any other political subdivision or public corporation. As used in this act, the terms "county" and "city" also mean state licensed hospitals and attached nursing homes established by counties pursuant to chapter 36, title 31, Idaho Code, or jointly by cities and counties pursuant to chapter 37, title 31, Idaho Code.

3.  "Governmental entity" means and includes the state and political subdivisions as herein defined.

4.  "Employee" means an officer, board member, commissioner, executive, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity, temporarily or permanently in the service of the governmental entity, whether with or without compensation, but the term employee shall not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which this act applies in the event of a claim.

5.  "Bodily injury" means any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence.

6.  "Property damage" means injury or destruction to tangible property caused by an occurrence.

7.  "Claim" means any written demand to recover money damages from a governmental entity or its employee which any person is legally entitled to recover under this act as compensation for the negligent or otherwise wrongful act or omission of a governmental entity or its employee when acting within the course or scope of his employment.

History:

[6-902, added 1971, ch. 150, sec. 2, p. 743; am. 1976, ch. 309, sec. 2, p. 1063; am. 1978, ch. 372, sec. 1, p. 977; am. 1982, ch. 132, sec. 1, p. 379; am. 1986, ch. 214, sec. 2, p. 548; am. 1996, ch. 192, sec. 1, p. 601; am. 2005, ch. 260, sec. 1, p. 803.]