Idaho Code
Idaho Code § 5-243 (2026)
Limitation of action for ionizing radiation injuries.
✓ current as of May 2026
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Limitation of action for ionizing radiation injuries.
No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than thirty (30) years from the date of the last occurrence to which the injury is attributed.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1973–2025 · leading case: Davis v. Moran, 735 P.2d 1014 (Idaho 1987).
Davis v. Moran, 735 P.2d 1014 (Idaho 1987). “The applicable time period is contained in I.C. § 5-243 which reads: "5-243. Limitation of action for ionizing radiation injuries.”
Theriault v. AH Robins Co., Inc., 698 P.2d 365 (Idaho 1985). “" I.C. § 5-243 bars actions to recover for radiation injuries which are not brought within three years " after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and the cause thereof.”
Arnold v. Woolley, 514 P.2d 599 (Idaho 1973). “— No action or proceeding may be brought to recover *606 for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no…”
Lapham v. Stewart, 51 P.3d 396 (Idaho 2002). “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.”
Stuard v. Jorgenson, 249 P.3d 1156 (Idaho 2011). “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.”
Treasure Valley Bank v. Killen & Pittenger, P.A., 732 P.2d 326 (Idaho 1987). “This subsection shall not affect the application of section 5-243, Idaho Code, except as to actions arising from professional malpractice.”
Cook v. Soltman, 525 P.2d 969 (Idaho 1974). “2d 599 (1973), is not applicable since it involved an interpretation of I.C. § 5-243.”
Holmes v. Iwasa, 657 P.2d 476 (Idaho 1983). “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.”
Owyhee Cnty. v. Rife, 593 P.2d 995 (Idaho 1979). “This subsection shall not affect the application of section 5-243, Idaho Code, except as to actions arising from professional malpractice.”
Johnson v. Stoddard, 526 P.2d 835 (Idaho 1974). “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…”
Stevens (Bankr. D. Idaho 2025). “In that situation, Idaho Code § 5-243 provides that an action must be brought within three years “after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof .”
Olheiser v. State Ex Rel. Workers Comp., 866 P.2d 768 (Wyo. 1994). “Idaho Code § 5-243 (1990). Several other states have parallel statutes: See Del.”
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