Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 8

Med Pay Subrogation - Yes

PIP Subrogation - Yes

Statute of Limitations

Statute of Repose: Products 15 years
Statute of Repose: Real Property 15 years
Breach of Contract (Written) 10 years
Personal Property 5 years
Personal Injury 2 years
Warranty N/A
Breach of Implied Warranty 5 years
Breach of Express Warranty 10 years


Sue Owner for Negligence - YES

Suspend Owner's License - YES

Deductible Reimbursement

Pro Rata State

I.C.A. § 191-15.43 (507B)


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Garnishments last for 120 days. The maximum part of an individual’s aggregate disposable earnings for the work week that is subject to garnishment is the lesser of: 1. 25% of the disposable earnings or 2. The amount of the disposable earnings that exceed 40 times the federal minimum hourly rage; There is a sliding scale per creditor (not per judgment) ranging from $250 to 10% of annual wages, depending on annual wages; Public employees can be garnished

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
   $2,000 for one act
   $5,000 for two or more acts to same claimant
Liability imposed for any unlawful act of minor that causes injury to person or property

Subrogation by Landlord's Carrier against Tenant


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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