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Statutes of Limitations (IDAHO)

Personal Injury (including Breach of Implied Warranty) - 2 yrs. [I.C. § 5-219]

Wrongful Death - 2 yrs. [I.C. § 5-219]

Med Mal - 2 yrs. [I.C. § 5-219]

Property Damage - 3 yrs. [I.C. § 5-218]

Written Contracts - 5 yrs. [I.C. § 5-216]

Oral Contracts - 4 yrs. [I.C. § 5-217]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [I.C. § 28-2-725]; but 2 yrs. if Breach of Implied Warranty involving Personal Injury [I.C. § 5-219]


Generally, there is no “discovery rule” in Idaho [Cosgrove By and Through Winfree v. Merrell Dow Pharmaceuticals, Inc., 788 P.2d 1293 (Idaho, 1989)]



Statutes of Repose (IDAHO)

Products - No liability if Defendant proves by preponderance of evidence that harm was caused after product’s useful safe life.  In claims involving harm caused more than 10 yrs. 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. [I.C. § 6-1403]

Construction of Real Property - 6 yrs. for tort actions (and within ordinary applicable limitations for contract actions) [I.C. § 5-241]


Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (IDAHO)


Against County (on claims rejected by board of commissioners) - Suit within 6 mos. after first rejection [I.C. § 5-221]

Against State - Claim must be filed within 180 days [I.C. § 6-905]

Against Political Subdivision (City, County, etc.) - Claim must be filed within 180 days [I.C. § 6-906]

Lawsuits Against All Gov. Entities - within 2 yrs. (discovery rule applies) [I.C. § 6-911]

Comparative Negligence (IDAHO)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [I.C. § 6-801]



Made Whole Doctrine (MWD) (IDAHO)

No law available.

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (IDAHO)


Plaintiff may not recover in tort where the sole allegation is that Defendant prevented Plaintiff from gaining a purely economic advantage [Aardema v. U.S. Dairy Systems, Inc., 215 P.3d 505 (Idaho 2009)].  ELD’s application is not restricted to products liability cases [Ramerth v. Hart, 983 P.2d 848 (Idaho 1999)].  Damages to a house resulting from settling of ground under the house were purely economic and ELD barred homeowners’ negligence claims against the developer of subdivision and engineering firm that had examined soil for prior owners of house [Blahd v. Richard B. Smith, Inc., 108 P.3d 996 (Idaho 2005)].

There are two possible exceptions to ELD: (1) where a special relationship exists between the parties; or (2) where unique circumstances require a reallocation of the risk [Aardema v. U.S. Dairy Systems, Inc., 215 P.3d 505 (Idaho 2009)].  For purposes of ELD, special-relationship exception exists where an entity holds itself out to the public as having expertise regarding a specialized function, and by so doing, knowingly induces reliance on its performance of that function [Blahd v. Richard B. Smith, Inc., 108 P.3d 996 (Idaho 2005)].

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (IDAHO)

No requirements.

Landlord/Tenant Subrogation (IDAHO)

Courts must examine parties’ intentions as shown by the lease agreement and surrounding circumstances (“Sutton Rule” rejected) [Bannock Bldg. Co. v. Sahlberg, 887 P.2d 1052 (Idaho 1994)]

Reimbursement of Deductible(s) (IDAHO)

No law available.

MedPay and PIP (IDAHO)

MedPay - Subrogation allowed.  PIP - No subrogation allowed and/or no such coverage available.

Liability of Parents (IDAHO)

$2,500 for willful acts [I.C. § 6-210].  Parent who signed application of his minor son for permit/license was jointly and severally liable with the minor for negligence or willful misconduct of the minor driver [Smith v. Sharp, 375 P.2d 184 (Idaho 1962)]

Joint Liability (IDAHO)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of the fault), except cases involving vicarious liability or where Defendants acted in concert [I.C. 6-803]

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (IDAHO)

Idaho recognizes a cause of action against a third-party for intentional interference with a prospective civil action by spoliation of evidence.  [Raymond v. Idaho State Police, 451 P.3d 17 (Idaho 2019)]. 

Conflicts of Law (IDAHO)

Most significant relationship approach [DeMeyer v. Maxwell, 647 P.2d 783 (Idaho 1982)].  The goal of this test is to identify the state most significantly related to a particular issue and to apply its law to resolve that issue [Barber v. State Farm Mut. Auto. Ins. Co., 931 P.2d 1195 (Idaho 1997)].

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