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Idaho 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

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: How will trademark/copyright law affect my existing Facebook page as I separate from an association I worked for?

I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More

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1 Answer | Asked in Family Law for Idaho on
Q: Im 18 in 4 months. But im trying to leave my home ASAP. Is it possible for me to leave?

I have plenty of people willing to take me in and pay for everything I need so i can focus on school. I feel there has to be a way for me to leave so I can do this. My parents keep acting like im lying to them and are forcing me to have a job while doing schoolwork. It is way too much for me and I... View More

Kevin M Rogers
Kevin M Rogers
answered on Apr 1, 2023

In 4 months, you can leave and go where ever you want to go! However, under Idaho law until you’re 18 years old, you’re (lucky) still considered a “child,” and worthy of protection! Just try to be patient for four more months!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: If I have legal guardianship over my 16 yr granddaughter am I able to let her live with her 30 yo sister out of state

Her parents both lost legal custody of her when she was 8 and I have full guardianship over her.

Kevin M Rogers
Kevin M Rogers
answered on Mar 31, 2023

Yes you can. You have every power and authority that a birth parent would have.

1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html

Every law that the Legislature passes, has to have a "regulation"...
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1 Answer | Asked in Consumer Law for Idaho on
Q: I sold 5th wheel and took deposit with agreement to take payments. She took possession and now says nothing works.

I was unaware of things not working except need batteries, propane, gas for generator. That's all I was told about it. She has taken possession, now says nothing works and said she won't pay me any money. She has it somewhere I don't know about and she blocked texts, but has sent me... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You will need to have an attorney write her a demand letter. The issue is whether you promised to sell her the 5th wheel, with "only batteries" needed, or if you said, "everything works fine," etc. What promises did you make to her prior to selling it? Those are the types of... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: CC&R's illegally placed?... 160 ac 1/4 section under CC&R control. At time declared, Declarant did not own entire tract

CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.

1 Answer | Asked in Real Estate Law for Idaho on
Q: How do I transfer property from an intestate decedant to the name of the Estate or the Personal Representative?

Need to transfer real estate from intestate decedant to the Estate per Personal Representative

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

In about 1976, the Idaho Legislature adopted the Uniform Probate Code. It is called a "uniform code" because all 50 states adopted it in some way or another. If you are the eldest son or the surviving descendent, what you'll need to do is to file for a "Small Estate... View More

1 Answer | Asked in Medical Malpractice for Idaho on
Q: I have a questionable medical diagnosis and the testing process may have missed a liver cancer diagnosis.

I have had multiple tests done in the last year that I feel the positive diagnosis was missed in the biopsy.

Joel Gary Selik
Joel Gary Selik
answered on Mar 23, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Gather your medical records and discuss your case with an experienced medical malpractice attorney.

1 Answer | Asked in Car Accidents for Idaho on
Q: i was driving in my car and my wheel flew off and hit another car, am i responsible to pay for damages, no police/insura

the kid didn't want to call the police and agreed to take my insurance card, the car was a 2009 Honda odyssey van with other countless dents, will I be responsible for damages, will my insurance go up if they decide to file a claim?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2023

An Idaho attorney could advise best, but your question remains open for two weeks. It could depend on whether he files a claim. Unless there are other contributing factors such as roadway defect, the operator would generally be liability for components coming off their vehicle. Good luck

1 Answer | Asked in Divorce, Contracts and Family Law for Idaho on
Q: How Do I Get Out Of This Car Loan Situation (Divorce)?

I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Is it legal to have drug dogs for a simple traffic stop
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... View More

1 Answer | Asked in Contracts and Health Care Law for Idaho on
Q: What can I do about my doctor sending a text to someone who is not authorized about my test results being available?
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

I wish you had indicated who the doctor sent your test being available, to. Otherwise, it's not possible to determine if this was a HIPPA violation or not. If you know to whom the notice was sent, please resubmit your question and I'll be happy to answer it, or someone else will as well.

1 Answer | Asked in Car Accidents for Idaho on
Q: Why is my insurance only offering me ACV instead of replacement value when I was not at fault in a car crash?

I was in a car crash in February, I was not at fault. My vehicle was a total loss. The other drivers insurance accepted liability but the car replacement cost is being handled by my insurance. Even though I was not at fault, my insurance is saying I am only entitled to actual cash value for the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

That is most likely what your insurance agreement provides----ACV for a totaled vehicle. That said, this is awfully unfair and to protect your interests, you should contact an accident/injury lawyer or a general practice attorney or a bad faith insurance attorney in your area and discuss your... View More

2 Answers | Asked in Real Estate Law for Idaho on
Q: I used my property to bail out my son on a $100,000 bond.

Now that he's been convicted and incarcerated, do I need a lawyer to get a release or can I do this myself ?

Anthony M. Avery
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answered on Mar 2, 2023

Contact the Court Clerk that you put up as the Beneficiary of the Bond. If you made a private mortgage, then you can ask the mortgagee to release, but it may cost you money. Sometimes a Declaratory Judgment Action is needed to remove the Lien.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How could i go about finding out if my 2nd amendment rights have been restored or not? I completed my probation 4/02/21

My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights

James L. Arrasmith
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answered on Mar 2, 2023

If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... View More

1 Answer | Asked in Divorce for Idaho on
Q: If an LLC in Washington State gets rents, would the rents become Community Property if both spouses live in Idaho?

My husband has an LLC in Washington state that collects rents on many rentals. I have worked on the rentals as help to the LLC. the LLC was created before we were married

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Civil Litigation for Idaho on
Q: Police harassment file a civil lawsuit and sue for damages

I was pulled over on a highly bs traffic stop. So much so that my case is being dropped. The reason I was pulled over was because I was from oregon in idaho late at night. I've had several people comment on the fact that they were disappointed that they didn't find more Marijuana because... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

The question, the ONLY question is . . . did the officer have a "reasonable suspicion" that the driver of the car (son) had done something that the officer could give him a citation for? If the answer to that question is "yeah, the cop said my son was speeding but he never even gave... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: Why would co defendant be in a discovery but there is no co defendant in the case ?

I am following the Bryan Kohbergers case and a lot of people are curious as to why a co defendant was listed in the discovery but there there is no co defendant ?

I’ve heard it is just how they do the legal discovery could you explain why they list this when there is actually no co defendant ?

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

My experience in dealing with prosecution offices is that the first Discovery Responses they send out are akin to a sawed off shotgun approach, they're going to list every, single human being who they talked to or originally thought they might want to talk to. It's kind of like a... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I'm a felon from 25 years ago for drug possession.

I was served with a search warrant for a stolen laptop which I had bought from this person not knowing that it was stolen. During the search they found 26 rifles and apparently 3 were stolen. Again not knowing that they were stolen. I was charged with 26 counts of illegal firearms possession and 4... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

If you are a felon, you may not possess a firearm, period. Regarding the laptop . . . what kind of computer was it? Did you pay full price for it? Did you pay a fair, used price for it? What questions did you ask the seller before buying it? Did the seller "dump" it for a hundred... View More

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