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Negligence / Personal Injury
2 Years2 Years from date of occurrence.
Products Liability
SOL: 2 Years from Date of Occurrence
SOR: 10 year rebuttable 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
Wrongful Death
2 Years2 years from Date of Occurrence
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.
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.
Professional Malpractice
1 Year2 Years
Intentional Torts
2 Years2 Years
Other Statutes of Limitations
Action for Ionizing radiation injury: 3 years from discovery, maximum 30 years from last exposure.
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.
Charitable Immunity
Charitable immunity applies with certain exceptions.
Comparative Negligence
Pure comparative negligence applies.
Municipalities
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.
Sovereign Immunity
Abolished to the extent of insurance or statutory amount of $500,000 per occurrence.
Punitive Damages
Only where wanton or outrageous conduct, fraud, malice, or gross negligence.
Caps: None
Consumer Fraud Complaint
Idaho Office of the Attorney General, Consumer Protection Unit
(208)334-2400 |
