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IDAHO

Negligence / Personal Injury

2 Years from date of occurrence.

Wrongful Death

2 years from date of occurrence.
Caps:
Noneconomic damages in personal injury or death action limited to maximum $250,000, or amount equal to three times compensatory damages in judgment.

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.

Malpractice (Other Professions)

2 years

Products Liability

2 Years from date of occurrence
SOR: 10 year reputable 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

Intentional Torts

2 years for certain intentional torts

Municipal Liability/Sovereign Immunity

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

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.

Comparative Negligence

Pure comparative negligence applies.

Charitable Immunity

Charitable immunity applies with certain exceptions. Non profit organizations and its unpaid volunteers immune from liability except in situations set forth by 6-1605.

Disabilities

For infants (18th birthday), incompetents, insane, or imprisoned persons, SOL runs from removal of disability.  6 year maximum toll. SOL does not run during absence or concealment of defendant.

Damages

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

Punitive Damages

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

Other Relevant Information

Action for Ionizing radiation injury: 3 years from discovery, maximum 30 years from last exposure.
Caps: Parents of minor under 18 living at home liable for malicious or willful destruction of property, up to $2,500. Double recovery prohibited by limiting judgment to amount exceeding recoveries from collateral sources.

Consumer Fraud Complaint

Idaho Office of the Attorney General, Consumer Protection Unit
http://www2.state.id.us/ag/consumer/
(208)334-2400
(208)854-8071 (Fax)
(800)432-3545 (Toll-free in Idaho)