Covid-19 Tolling of Statutes of Limitations in Idaho
The spread of the COVID-19 pandemic has caused people in the U.S. and across the globe to quarantine themselves in an attempt to slow the spread of the disease. Because of this, several states have chosen to suspend cases and begin tolling their statute of limitations. Idaho Governor Brad J. Little and the courts in the state have so far remained silent when it comes to the issue of tolling the statute of limitations for Idaho, however.
What is the Statute of Limitations in Idaho?
A statute of limitations is a set amount of time after an incident has occurred that one has to file the ensuing lawsuit. Each statute of limitations can differ based on the type of case and what state you’re in. For instance, the statute of limitations for personal injury cases in Idaho is two years, but three years in New York.
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 constituting 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 existence 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 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 in the event of 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