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).
"… 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
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
Idaho Office of the Attorney General, Consumer Protection Unit
Consumer Line: (208) 334-2424
Toll-free: (800) 432-3545
Fax: (208) 334-4151
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