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Idaho Wrongful Death Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Idaho on
Q: If someone gives someone meth and gets high with them multiple times Breaks their sobriety.They commit adultery.

Then he stays with wife .tries to be sober. Commits suicide . Can that person be charged ? Adultery ? involuntary manslaughter? Or? Criminally?

Can they be sued? Wrongful death? Alienation of affection ? Or?

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2019

I'm very sorry for this tragic situation. An Idaho attorney could answer you best, but your post remains open for three weeks. In terms of the criminal issues, a criminal defense attorney is qualified to address those. In terms of the civil issues, there is usually a requisite element of... View More

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on
Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

We want to get all we can for these orphaned kids. But I the mother would also like to sue for wrongful death. Comments. Kids are most important period.

Kurt Holzer
Kurt Holzer
answered on Apr 14, 2019

First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Idaho on
Q: 3 kids home alone all under 7 yrs. old, Only 1 child survived. No charges were filed. 1yr later the survivor tells her

therapist that brother started fire and the mom was not home. Is the therapist mandated to report the incident?

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

Not generally--it's a likelihood of imminent harm that triggers it. Unless the survivor is a minor and is at risk, I don't see it and at this point you know and you may report it if the survivor is still a minor.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on
Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

to the exact procedure he was going to perform, not the general inherent risk of death with all surgery, and the patient died. Then right after the surgery, while the patient was still bleeding to death in the operating room the surgeon admitted to the family that he “never should have done the... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

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