§ 61-1806 — LIABILITY

(1) In a civil action where wildfire-related damages are being sought against an electric corporation, there is a rebuttable presumption that the electric corporation acted without negligence if, with respect to the cause of the wildfire, the electric corporation reasonably implemented a commission-approved wildfire mitigation plan. This rebuttable presumption extends to any act or omission taken in reasonable accordance with the approved wildfire mitigation plan in effect at the time the fire ignited, regardless of the content in any prior commission-approved plan that is no longer in effect.
(2) If an electric corporation is found liable in a civil action for damages due to any unplanned or uncontrolled fire, then a plaintiff seeking damages in such civil action may recover damages as provided for in sections 38-107 (2), 6-1603, and 6-1604, Idaho Code, subject to the limitations provided therein.

Legislative History

[61-1806, added 2025, ch. 249, sec. 1, p. 1105.]