IDAHO

Negligence / Personal Injury

2 Years "… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Fraud

3 Years The fraud statute of limitations does not begin to run until the plaintiff knew or reasonably should have known of the facts constittuing the fraud. Within three (3) years. . .(4) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. Idaho Code Ann. § 5-218(4).

For purposes of accrual of fraud claim for limitations purposes, actual knowledge of the fraud can be inferred if the aggrieved party could have discovered the fraud by reasonable diligence, although court will hesitate to infer such knowledge. Nerco Minerals Co. v. Morrison Knudsen Corp., 140 Idaho 144 (2004).

Toxic Tort

2 Years "… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Lessees' cause of action alleging that manufacturer of herbicide used on leased farmland by former lessees' inadequately labeled herbicide, causing damage to lessees' crops, accrued as of date that wrongful labeling occurred, if at all, which was at time of sale of chemical to former lessees, for purposes of applying two-year products liability statute of limitations.  I.C. §§ 5-219, 6-1401 et seq., 6-1403(3).  Wing v. Martin, 1984, 107 Idaho 267, 688 P.2d 1172

Statute Of Repose

Construction: 6 Years from final completion of improvement to real property. Idaho Code § 5-241.

Products: 10 Years or after product’s “useful safe life.” Idaho Code § 6- 1403(3) (Rebuttable Presumption).

Wrongful Death

2 Years "… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Medical Malpractice

2 Years "… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Products Liability

2 Years

"… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…" Idaho Code Ann. § 5-219

Discovery:

A cause of action accrues when some damage relating to a wrongful act or omission becomes objectively ascertainable, such that objective proof would support the existene of actual injury. See Blade v. Richard B. Smith, Inc., 141 Idaho 296 (2005); See also Conway v. Suntag, 141 Idaho 144 (2005). 

Statute of Repose - (2) Statute of repose.
(a) Generally. In claims that involve harm caused more than ten (10) years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence.
4. The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time. Idaho Code Ann. § 6-1403

Intentional Torts

2 Years 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.

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.

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.

Punitive Damages

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

No-Fault Insurance

None

Other Relevant Information

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

Consumer Fraud Complaint

Idaho Office of the Attorney General, Consumer Protection Unit
http://www.ag.idaho.gov/consumerProtection/consumerIndex.html

Consumer Line: (208) 334-2424

Toll-free: (800) 432-3545

Fax: (208) 334-4151