Idaho § 5-310 ACTION FOR INJURY TO UNMARRIED CHILD

Idaho Statutes

§ 5-310 — ACTION FOR INJURY TO UNMARRIED CHILD

Idaho § 5-310

Title 5PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

Ch. 3PARTIES TO ACTIONS

This text of Idaho § 5-310 (ACTION FOR INJURY TO UNMARRIED CHILD) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 5-310 (2026).

Text

The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.

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The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.

Legislative History

[(5-310) C.C.P. 1881, sec. 191; R.S. & R.C., sec. 4099; am. 1915, ch. 120, sec. 3, p. 266; reen. C.L., sec. 4099; C.S., sec. 6643; I.C.A., sec. 5-310; am. 1972, ch. 177, sec. 1, p. 444; am. 1984, ch. 158, sec. 1, p. 385.]