DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF IDAHO
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Idaho ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Idaho
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Idaho law.
I. IDAHO-SPECIFIC LEGAL FRAMEWORK
A. Governing Law
Idaho products liability law is governed by the Idaho Product Liability Reform Act, Idaho Code Title 6, Chapter 14 (Sections 6-1401 through 6-1410), and common law principles. Idaho adopted Section 402A of the Restatement (Second) of Torts in Shields v. Morton Chemical Co., 95 Idaho 674, 518 P.2d 857 (1974).
B. Statute of Limitations
Under Idaho Code Section 6-1403(2), the statute of limitations for products liability actions is two (2) years from the time the cause of action accrued. This incident occurred on [Date], and the limitations period expires on [Expiration Date].
C. Statute of Repose / Useful Safe Life
Idaho provides a "useful safe life" defense rather than a traditional statute of repose. Idaho Code Section 6-1403(2) provides that the manufacturer or seller is not liable if the harm was caused after the product's useful safe life had expired. The useful safe life begins at the time of delivery and is presumed to be ten (10) years unless evidence establishes a different period.
The subject product was delivered on [Date], and this action is timely filed within the useful safe life period.
D. Theories of Liability Recognized
Idaho recognizes the following theories of products liability:
1. Strict Liability: Under Idaho Code Section 6-1402 and Shields v. Morton Chemical Co., 95 Idaho 674 (1974), manufacturers and product sellers are subject to strict liability for defective products.
2. Negligence: Idaho permits recovery for negligent design, manufacture, and failure to warn. Idaho Code Section 6-1401(4).
3. Breach of Warranty: Express and implied warranties under Idaho Code Title 28, Chapter 2 (Idaho UCC) provide additional grounds for recovery. Idaho Code Section 6-1401(4).
E. Design Defect Standard
Idaho applies a consumer expectation test for design defect claims. Under Puckett v. Oakfabco, Inc., 132 Idaho 816, 979 P.2d 1174 (1999), a product is defective in design if it fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.
Idaho courts also consider risk-utility factors in appropriate cases, including:
- The gravity of the danger posed by the design
- The likelihood that danger would cause damage
- The mechanical feasibility of a safer alternative design
- The financial cost of an improved design
- The adverse consequences to the product and consumer of an alternative design
F. Comparative Negligence
Idaho follows a modified comparative negligence rule. Idaho Code Section 6-801. A plaintiff may recover if their fault is not greater than the fault of the defendant(s). If the plaintiff is more than 50% at fault, recovery is barred. Recovery is reduced by the plaintiff's percentage of fault.
Our client bears no responsibility for this incident.
G. Joint and Several Liability
Idaho has modified joint and several liability. Idaho Code Section 6-803. Joint and several liability applies only to economic damages and only to defendants whose fault equals or exceeds the plaintiff's fault. Each defendant is severally liable only for their proportionate share of non-economic damages.
H. Punitive Damages
Idaho allows punitive damages upon proof by clear and convincing evidence of "oppressive, fraudulent, malicious, or outrageous" conduct by the defendant. Idaho Code Section 6-1604.
Limitations:
- The greater of $250,000 or three times the compensatory damages;
- However, the cap does not apply if the defendant acted with intent to cause injury, or engaged in unreasonably dangerous conduct with knowledge of a high degree of probability of harm.
II. PRESERVATION OF EVIDENCE - SPOLIATION WARNING
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- All exemplar products of the same make and model
- Design documents, specifications, and engineering drawings
- Manufacturing records for the subject product and similar products
- Quality control records and inspection reports
- Testing data and results (pre-market and post-market)
- Safety assessments and risk analyses
- FMEA (Failure Mode and Effects Analysis) documents
- All versions of owner's manuals and instructions
- All versions of warnings and labels
- Marketing and advertising materials
Complaints and Claims:
- Consumer complaints involving this product or similar products
- Prior claims and lawsuits involving this product
- Regulatory communications (FDA, CPSC, NHTSA)
- Recall notices and service bulletins
Idaho courts recognize spoliation sanctions. Destruction or alteration of evidence may result in adverse inference instructions and other sanctions.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Lot/Batch Number | [If known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
| Entity | Role | Location |
|---|---|---|
| [Manufacturer Name] | Manufacturer | [Address] |
| [Distributor Name] | Distributor | [Address] |
| [Retailer Name] | Retailer/Seller | [Address] |
C. Product Background
[Describe the product, its intended use, and relevant safety considerations]
IV. THE DEFECT
A. Nature of Defect
[SELECT APPLICABLE THEORY:]
DESIGN DEFECT:
The [Product Name] contains a design defect rendering it unreasonably dangerous for its intended and foreseeable uses. Under Idaho's consumer expectation test, the product failed to perform as safely as an ordinary consumer would expect.
[Detailed description of design defect]
A feasible alternative design existed that would have prevented or reduced the risk of injury:
[Description of alternative design]
MANUFACTURING DEFECT:
The specific [Product Name] involved in this incident departed from its intended design due to a manufacturing defect:
[Description of how this product differs from intended design]
FAILURE TO WARN:
The [Product Name] was defective due to inadequate warnings and instructions. Your company knew or should have known of risks but failed to adequately warn:
[Description of warning deficiencies]
V. THE INCIDENT
On [Date], at approximately [Time], our client was [describe what client was doing with the product]:
[Detailed narrative of the incident]
Our client was using the product:
- For its intended purpose
- In a reasonably foreseeable manner
- In accordance with provided instructions
The defect was the direct and proximate cause of our client's injuries.
VI. LIABILITY ANALYSIS
A. Strict Products Liability
Under the Idaho Product Liability Reform Act, Idaho Code Section 6-1402, and Shields v. Morton Chemical Co., 95 Idaho 674 (1974), your company is strictly liable because:
- The product was defective when it left your control;
- The defect made the product unreasonably dangerous;
- The defect was the proximate cause of our client's injuries; and
- Our client suffered damages.
B. Negligence
Your company is also liable under negligence theories (Idaho Code Section 6-1401(4)):
Negligent Design: The product was designed without reasonable care for consumer safety.
Negligent Manufacture: [If applicable] The product was manufactured without adequate quality control.
Negligent Failure to Warn: Your company knew or should have known of dangers but failed to provide adequate warnings.
C. Breach of Warranty
Express Warranty (Idaho Code Section 28-2-313): Your company warranted that [describe warranty], which was breached.
Implied Warranty of Merchantability (Idaho Code Section 28-2-314): The product was not fit for its ordinary purpose.
VII. PRIOR KNOWLEDGE OF DEFECT
Evidence of prior knowledge supports punitive damages claims under Idaho Code Section 6-1604:
- [Number] prior complaints regarding this defect
- [Number] prior injuries from this defect
- [Prior lawsuits, recalls, or regulatory actions]
- Internal documents acknowledging the defect
VIII. INJURIES AND DAMAGES
A. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Surgeries and Procedures:
- [Surgery 1]
- [Surgery 2]
Permanent Conditions:
- [Permanent effects, if any]
B. Medical Treatment
[Describe treatment chronology]
C. Damages Summary
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Disability | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
D. Punitive Damages
Your company's conduct in [describe egregious conduct] constitutes oppressive, fraudulent, malicious, or outrageous conduct warranting punitive damages under Idaho Code Section 6-1604.
IX. SETTLEMENT DEMAND
Based upon clear liability and the severe injuries suffered by our client, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for [45/60] days from the date of this letter, through and including [Expiration Date].
X. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. If this matter cannot be resolved, we are prepared to file suit in the District Court of the [Judicial District], [County] County, State of Idaho, and pursue this matter through trial.
XI. DOCUMENTATION ENCLOSED
- Medical records and bills
- Product photographs
- Incident photographs
- Employment and wage records
- Expert reports (if available)
- [Other relevant documentation]
XII. CONCLUSION
This defective product caused serious injuries to our client that were entirely preventable. Idaho law provides clear remedies for products liability claims, and we urge you to evaluate this claim seriously and respond with a fair settlement offer.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Idaho State Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
IDAHO PRODUCTS LIABILITY PRACTICE NOTES
-
Consumer Expectation Test: Idaho primarily uses the consumer expectation test for design defects. Puckett v. Oakfabco, Inc., 132 Idaho 816 (1999).
-
Useful Safe Life Defense: 10-year presumptive useful safe life rather than hard statute of repose. Idaho Code Section 6-1403(2).
-
Modified Comparative Negligence: Plaintiff barred if more than 50% at fault. Idaho Code Section 6-801.
-
Modified Joint and Several Liability: Joint and several for economic damages only; several liability for non-economic damages. Idaho Code Section 6-803.
-
Punitive Damages Cap: Greater of $250,000 or 3x compensatory, with exceptions. Idaho Code Section 6-1604.
-
Government Entity Defense: Special rules apply for claims against government entities. Idaho Tort Claims Act, Idaho Code Title 6, Chapter 9.
-
Non-Manufacturer Seller Defense: Idaho Code Section 6-1407 provides limited protection for non-manufacturing sellers who can identify the manufacturer.
-
Venue: County where cause of action arose or where defendant resides. Idaho Code Section 5-401.
This template must be customized for each case and verified against current Idaho law. Products liability law is complex and requires careful analysis of all applicable theories and defenses.