Idaho State Statutes - Idaho Attorney Directory

ACTIONS AGAINST OFFICERS, FOR PENALTIES, ON BONDS, AND FOR
PROFESSIONAL MALPRACTICE OR FOR PERSONAL INJURIES. Within two (2) years:
1. An action against a sheriff, coroner or constable, upon the liability
incurred by the doing of an act in his official capacity, and in virtue of his
office, or by the omission of an official duty, including the nonpayment of
money collected upon an execution.
2. An action upon a statute for a penalty or forfeiture, where the action
is given to an individual, or to an individual and the state, except when the
statute imposing it prescribes a different limitation.
3. An action upon a statute or upon an undertaking in a criminal action
for a forfeiture or penalty to a county or to the people of the state.
4. An action to recover damages for professional malpractice, or for an
injury to the person, or for the death of one caused by the wrongful act or
neglect of another, including any such action arising from breach of an
implied warranty or implied covenant; provided, however, when the action is
for damages arising out of the placement and inadvertent, accidental or
unintentional leaving of any foreign object in the body of any person by
reason of the professional malpractice of any hospital, physician or other
person or institution practicing any of the healing arts or when the fact of
damage has, for the purpose of escaping responsibility therefor, been
fraudulently and knowingly concealed from the injured party by an alleged
wrongdoer standing at the time of the wrongful act, neglect or breach in a
professional or commercial relationship with the injured party, the same shall
be deemed to accrue when the injured party knows or in the exercise of
reasonable care should have been put on inquiry regarding the condition or
matter complained of; but in all other actions, whether arising from
professional malpractice or otherwise, the cause of action shall be deemed to
have accrued as of the time of the occurrence, act or omission complained of,
and the limitation period shall not be extended by reason of any continuing
consequences or damages resulting therefrom or any continuing professional or
commercial relationship between the injured party and the alleged wrongdoer,
and, provided further, that an action within the foregoing foreign object or
fraudulent concealment exceptions must be commenced within one (1) year
following the date of accrual as aforesaid or two (2) years following the
occurrence, act or omission complained of, whichever is later. The term
"professional malpractice" as used herein refers to wrongful acts or omissions
in the performance of professional services by any person, firm, association,
entity or corporation licensed to perform such services under the law of the
state of Idaho. This subsection shall not affect the application of section
5-243, Idaho Code, except as to actions arising from professional malpractice.
Neither shall this subsection be deemed or construed to amend, or repeal
section 5-241, Idaho Code.
5. An action for libel, slander, assault, battery, false imprisonment or
seduction.
6. An action against a sheriff or other officer for the escape of a
prisoner arrested or imprisoned on civil process.

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