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IDAHO

Negligence / Personal Injury

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.

Caps:
$250,000 limit on non-economic damages, adjusted annually according to the state's adjustment of the average annual wage.

Malpractice (Other Professions)

years

Products Liability

2 years from date of occurrence.

Useful safe life begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner.  A product seller may be subject to liability for harm caused by a product used beyond its useful safe life to the extent that the product seller has expressly warranted the product for a longer period. Statute of repose is 10 years with exceptions and special rules:
If a product seller expressly warrants that its product can be utilized safely for a period longer than 10 years, the period of repose will extend to according to warranty or promise.
Statute of repose does not apply if seller intentionally misrepresents facts about its product, or fraudulently conceals information about it.
Statute of repose does not apply if the harm was caused by prolonged exposure to the defective product or if defect is not discoverable by ordinary reasonably prudent person.

Intentional Torts

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:
Punitive damages limited to $250,000 or amount 3 times of compensatory damages.

No-Fault Insurance

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)