Wyoming

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (WYOMING)

Personal Injury - 4 yrs. [W.S.§ 1-3-105]

Wrongful Death - 2 yrs. (from date of death) [W.S.§ 1-38-102]

Med Mal - 2 yrs. from act/omission (or 2 yrs. from discovery if Plaintiff can show that the act/omission were not reasonably discoverable within 2-yr period) [W.S.§ 1-3-107]

Property Damage - 4 yrs. [W.S.§ 1-3-105]

Written Contracts - 10 yrs. [W.S.§ 1-3-105]

Oral Contracts - 8 yrs. [W.S.§ 1-3-105]

Contract of Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [W.S.§ 34.1-2-725]

 

The statute of limitations is triggered when the claimant knows or has reason to know of the existence of a cause of action; that is, the statute begins to run when the claimant is chargeable with information which should lead him to believe he has a claim [Lieberman v. Mossbrook, 208 P.3d 1296 (Wyo. 2009).

 

 

 

Statutes of Repose (WYOMING)

Products - None

Construction of Real Property - 10 yrs. (may sue within 1 yr. after date of injury and the injury occurred during 9th year) [W.S.§ 1-3-111]

 

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (WYOMING)

Against All Entities - Preset claim within 2 yrs., Suit within 1 yr. after the claim was presented or Suit within 2 yrs. [W.S.1977 §§ 1-39-113; 1-39-114]

 

 

 

Comparative Negligence (WYOMING)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [W.S.§ 1-1-109]

 

 

 

Made Whole Doctrine (WYOMING)

No law available.

 

 

 

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

Product buyer may not recover in strict liability or negligence from seller for economic loss consisting of damage caused to product which itself failed [Continental Ins. v. Page Engineering Co., 783 P.2d 641 (Wyo. 1989)].  When Plaintiff has contracted to protect against economic liability caused by negligence of Defendant, there is no claim for negligent misrepresentation [Rissler & McMurry Co. v. Sheridan Area Water Supply Joint Powers Bd., 929 P.2d 1228 (Wyo. 1996)]

 

 

 

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

In Med Mal cases, Plaintiff must submit a claim for the consideration of the Medical Review Panel prior to filing a complaint [W.S. § 9-2-1519]

 

 

 

Landlord/Tenant Subrogation (WYOMING)

No law available.

 

 

 

Reimbursement of Deductible(s) (WYOMING)

Auto - Full reimbursement (if recovery obtained).  Property - No law available.

 

 

 

MedPay and PIP (WYOMING)

Med Pay - Subrogation allowed.  PIP - No subrogation allowed and/or such coverage available.

 

 

 

Liability of Parents (WYOMING)

$2,000 (+ costs) for malicious and willful acts [W.S.1977 § 14-2-203]

 

 

 

Joint Liability (WYOMING)

Several liability(Plaintiff can recover from each Defendant only that Defendant’s share liability) [W.S. § 1-1-109]

 

 

 

Independent Cause of Action for Evidence Spoliation (WYOMING)

Wyoming does not recognize independent tort claims for spoliation of evidence [Coletti v. Cudd Pressure Control, 165 F.3d 767 (10th Cir. 1999)]

 

 

 

Conflicts of Law (WYOMING)

Torts - Courts will apply laws of the state where the tort or wrong was committed [Archuleta v. Valencia, 871 P.2d 198 (Wyo. 1994)].  Contracts - Court will analyze: (1) place of execution; (2) place of delivery; (3) place of performance; (4) place of negotiation; (5) place of breach; and (6) place where the subject matter of the contract is located [BHP Petroleum v. Texaco Exploration & Prod., 1 P.3d 1253 (Wyo. 2000)]