Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

IDAHO

Negligence / Personal Injury

2 Years 2 Years from date of occurrence.

Products Liability

SOL: 2 Years from Date of Occurrence
SOR: 10 year rebuttable presumption but exceptions:
•    Intentional misrepresentation by defendant of product characteristics
•    Harm caused by prolonged exposure
•    Product’s harm would not have been discovered by reasonably prudent person within period of repose
•    Inadequate warnings after product first sold

Wrongful Death

2 Years 2 years from Date of Occurrence

Medical Malpractice

2 years with Discovery Rule that runs from when injury is, or should have been discovered.  1 year following accrual or 2 years following act or omission. SOL runs from discovery of any foreign object left in body.

Discovery Rule

If injury is fraudulently concealed by defendant, SOL runs from when injury is, or should have been discovered. Also see rule for medical malpractice above.

Professional Malpractice

1 Year 2 years

Intentional Torts

2 Years 2 years

Other Statutes of Limitations

Action for Ionizing radiation injury: 3 years from discovery, maximum 30 years from last exposure.

Disabilities

For infants (18th birthday), incompetents, insane, or imprisoned persons, SOL runs from removal of disability.  6 year maximum toll.

Damages

Pain and suffering in personal injury or death actions limited to three times compensatory damages to a maximum of $250,000.

Charitable Immunity

Charitable immunity applies with certain exceptions.

Comparative Negligence

Pure comparative negligence applies.

Municipalities

2 years from date or discovery.  180 days to file claim against municipalities.  Infants have 120 days after majority or 6 years from injury or discovery.

Sovereign Immunity

Abolished to the extent of insurance or statutory amount of $500,000 per occurrence.

Punitive Damages

Only where wanton or outrageous conduct, fraud, malice, or gross negligence.
Caps: None

Consumer Fraud Complaint

Idaho Office of the Attorney General, Consumer Protection Unit
(208)334-2400