O'Guin v. Bingham County, 142 Idaho 49

Summary

The Idaho Supreme Court held that landfill access statutes and regulations could establish negligence per se duties owed by Bingham County, notwithstanding the common-law limitation on a landowner’s duty to trespassers. The court vacated summary judgment for the County and remanded for further proceedings, concluding that disputed facts remained regarding causation.

Holdings

1. The Idaho statutes and administrative regulations clearly defined the County's required standard of conduct by requiring the landfill to control public access and to fence or otherwise block access when no attendant was on duty. The alleged violation could constitute negligence per se.
2. Once a statutory or regulatory duty applies, the common-law duty owed by a landowner to trespassers does not impose an additional requirement that the plaintiff plead and prove a willful or wanton violation.
3. Summary judgment was improper because an affidavit created at least a disputed issue of material fact regarding whether the County's violation of the access-control requirements caused the children's deaths.
4. The County was not entitled to attorney fees because there was no indication by clear and convincing evidence that the O'Guins acted in bad faith.

Questions Presented

1. Whether Idaho statutes and administrative regulations governing landfill access established a statutory duty and standard of care supporting a negligence per se claim.
2. Whether the children’s status as trespassers required the O'Guins to prove willful or wanton conduct despite the alleged violation of the landfill access regulations.
3. Whether the County was entitled to summary judgment when the record contained a disputed issue of fact concerning whether the regulatory violation proximately caused the children's deaths.
4. Whether the County was entitled to attorney fees on appeal under Idaho Code section 6-918A.

Disposition

reversed_and_remanded