Slip and Fall Statute of Limitations in Idaho
Last verified 2026-07 · Source: Idaho Code § 5-219(4) ✓ verified · 3 sources
The deadline
2 years
from Date of injury or date injury is discovered or reasonably discoverable, under Idaho Code § 5-219(4).
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If you're researching slip and fall injury claims in Idaho, the single most important number is 2 years. That's how long Idaho Code § 5-219(4) gives you to file a slip and fall lawsuit, counted from Date of injury or date injury is discovered or reasonably discoverable. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Idaho Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Slip and Fall | 2 years | Idaho Code § 5-219(4) |
| Car Accident | 2 yrs | Idaho Code § 5-219(4) |
| Credit Card Debt | 4 yrs | Idaho Code § 5-217 |
| Medical Malpractice | 2 yrs | Idaho Code § 5-219(4) |
| Wrongful Death | 2 yrs | Idaho Code § 5-219(4) |
| Personal Injury | 2 yrs | Idaho Code § 5-219(4) |
| Dog Bite | 2 yrs | Idaho Code § 5-219(4) (2-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Defamation | 2 yrs | Idaho Code § 5-219(5) |
| Breach of Contract | 5 yrs | Idaho Code § 5-216 |
| Medical Debt | 5 yrs | Idaho Code § 5-216 |
When the Clock Starts
In Idaho, the limitations period for slip and fall injury claims generally begins on Date of injury or date injury is discovered or reasonably discoverable. Idaho recognizes a discovery rule for this claim type: Discovery rule applies; SOL begins when plaintiff discovered or should have discovered the injury through reasonable diligence.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 180-day notice of claim to governmental entity required before suit (Idaho Code § 6-906); failure to file within 180 days bars the claim
- Damage caps: $250,000 cap on non-economic damages for claims against governmental entities (Idaho Code § 6-926)
Idaho requires a notice of claim within 180 days of injury for any fall on government property. Non-economic damages against government defendants are capped at $250,000. No cap applies against private defendants.
Source: Idaho Code § 5-219(4), official Idaho statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Idaho government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Idaho Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Idaho | 2 years | Idaho Code § 5-219(4) |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190(4)(e) |
| Utah | 4 yrs | Utah Code Ann. § 78B-2-307(3) |
| Wyoming | 4 yrs | Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Idaho?
You have 2 years from Date of injury or date injury is discovered or reasonably discoverable, under Idaho Code § 5-219(4).
Can I still sue after 2 years in Idaho?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to slip and fall injury claims in Idaho?
Yes. Discovery rule applies; SOL begins when plaintiff discovered or should have discovered the injury through reasonable diligence.
What if the victim was a minor?
Idaho generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
180-day notice of claim to governmental entity required before suit (Idaho Code § 6-906); failure to file within 180 days bars the claim
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Sources
- Official Idaho Code § 5-219 — Idaho Legislature
- Corroborating Idaho Personal Injury Laws — Nolo
- Corroborating Idaho Code § 5-219 — Justia
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Idaho attorney.