Idaho Code
Idaho Code § 6-1403 (2026)
Length of time product sellers are subject to liability.
✓ current as of May 2026
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Length of time product sellers are subject to liability.
(1) Useful safe life.
(a) Except as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence that the harm was caused after the product’s "useful safe life" had expired.
"Useful safe life" begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner. For the purposes of this chapter, "time of delivery" means the time of delivery of a product to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold.
(b) A product seller may be subject to liability for harm caused by a product used beyond its useful safe life to the extent that the product seller has expressly warranted the product for a longer period.
(2) Statute of repose.
(a) Generally. In claims that involve harm caused more than ten (10) years 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.
(b) Limitations on statute of repose.
1. If a product seller expressly warrants that its product can be utilized safely for a period longer than ten (10) years, the period of repose, after which the presumption created in subsection (2)(a) hereof arises, shall be extended according to that warranty or promise.
2. The ten (10) year period of repose established in subsection (2)(a) hereof does not apply if the product seller intentionally misrepresents facts about its product, or fraudulently conceals information about it, and that conduct was a substantial cause of the claimant’s harm.
3. Nothing contained in subsection (2) of this section shall affect the right of any person found liable under this chapter to seek and obtain contribution or indemnity from any other person who is responsible for harm under this chapter.
4. The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time.
(3) Statute of limitation. No claim under this chapter may be brought more than two (2) years from the time the cause of action accrued as defined in section 5-219, Idaho Code.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1984–2026 · leading case: Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990).
Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990). “Idaho Code § 6-1403 effectively forecloses a claimant's cause of action before it truly can be said to have accrued.”
Wing v. Martin, 688 P.2d 1172 (Idaho 1984). “The district judge found that the amended complaint as to DuPont constituted a new cause of action rather than an amendment to the original complaint; that the new cause of action accrued when the chemical was sold to the former lessees-San Tan in the summer of 1978; and that…”
Oats v. Nissan Motor Corp. in U.S.A., 879 P.2d 1095 (Idaho 1994). “The IPLRA’s statute of repose, found at I.C. § 6-1403, states in pertinent part, as follows: [6-1403] 6-1303.”
Corbridge v. Clark Equip. Co., 730 P.2d 1005 (Idaho 1986). “Corbridge filed a products liability action against Clark *86 which alleged negligent design, manufacture and labeling.”
Corbridge v. Clark Equip. Co., 730 P.2d 1005 (Idaho 1986). “Corbridge filed a products liability action against Clark *1006 which alleged negligent design, manufacture and labeling.”
Hodder v. Goodyear Tire & Rubber Co., 426 N.W.2d 826 (Minn. 1988). “§ 52-577a (1987); Idaho Code, § 6-1403(2) (Supp.1987); Kan.”
Brower v. EI DuPont De Nemours & Co., 792 P.2d 345 (Idaho 1990). “§ 5-218(4) for misrepresentation and the two year statute of limitations under I.C. § 6-1403 for product liability; the court rejected the theory that partial payment acted as estoppel to DuPont’s assertion of the statute of limitations as a defense; and there was a lack of…”
West v. Sonke, 968 P.2d 228 (Idaho 1998). “Idaho Code § 6-1403 (1)(a) defines useful safe life as the time after delivery “during which the product would normally be likely to perform .”
Groch v. Gen. Motors Corp., 117 Ohio St. 3d 192 (Ohio 2008). “2d 1285 (upholding Idaho Code 6-1403 and stating “it is the province of the legislature to modify the rules of the common law”); Tetterton v.”
Jenkins v. Armstrong World Indus., Inc., 643 F. Supp. 17 (D. Idaho 1985). “Idaho Code § 6-1403 (3) (1984 Supp.) Section 5-219(4) is an integral part of the Idaho Products Liability Act because that section defines “accrual” of causes of action under the Act.”
Puckett v. Oakfabco, Inc., 979 P.2d 1174 (Idaho 1999). “I.C. §§ 6-1403(3), 5-219(4). UCC warranties apply only to those in privity of contract with the manufacturer and those who qualify as third party beneficiaries of the underlying sales contract as defined by I.”
In re Bolton, 584 B.R. 44 (Bankr. D. Idaho 2018). “Idaho Code § 6-1403 is the statute of limitation applicable to products liability claims; it incorporates § 5-219 to determine when such a claim accrues.”
— Idaho Code § 6-1403(1)(a) — 3 cases
Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990). “Idaho Code § 6-1403 effectively forecloses a claimant's cause of action before it truly can be said to have accrued.”
West v. Sonke, 968 P.2d 228 (Idaho 1998). “Idaho Code § 6-1403 (1)(a) defines useful safe life as the time after delivery “during which the product would normally be likely to perform .”
West v. Sonke, 968 P.2d 228 (Idaho 1998).
— Idaho Code § 6-1403(2) — 4 cases
Hodder v. Goodyear Tire & Rubber Co., 426 N.W.2d 826 (Minn. 1988). “§ 52-577a (1987); Idaho Code, § 6-1403(2) (Supp.1987); Kan.”
Mercado v. Baker, 792 P.2d 342 (Idaho 1990).
Pate v. Columbia Mach., Inc., 930 F. Supp. 451 (D. Idaho 1996).
Johnson v. SRM-Double L, LLC (Idaho 2026).
— Idaho Code § 6-1403(2)(a) — 2 cases
Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990). “Idaho Code § 6-1403 effectively forecloses a claimant's cause of action before it truly can be said to have accrued.”
Pate v. Columbia Mach., Inc., 930 F. Supp. 451 (D. Idaho 1996).
— Idaho Code § 6-1403(2)(b) — 2 cases
Oats v. Nissan Motor Corp. in U.S.A., 879 P.2d 1095 (Idaho 1994). “The IPLRA’s statute of repose, found at I.C. § 6-1403, states in pertinent part, as follows: [6-1403] 6-1303.”
Pate v. Columbia Mach., Inc., 930 F. Supp. 451 (D. Idaho 1996).
— Idaho Code § 6-1403(3) — 7 cases
Wing v. Martin, 688 P.2d 1172 (Idaho 1984). “The district judge found that the amended complaint as to DuPont constituted a new cause of action rather than an amendment to the original complaint; that the new cause of action accrued when the chemical was sold to the former lessees-San Tan in the summer of 1978; and that…”
Corbridge v. Clark Equip. Co., 730 P.2d 1005 (Idaho 1986). “Corbridge filed a products liability action against Clark *86 which alleged negligent design, manufacture and labeling.”
Oats v. Nissan Motor Corp. in U.S.A., 879 P.2d 1095 (Idaho 1994). “The IPLRA’s statute of repose, found at I.C. § 6-1403, states in pertinent part, as follows: [6-1403] 6-1303.”
Corbridge v. Clark Equip. Co., 730 P.2d 1005 (Idaho 1986). “Corbridge filed a products liability action against Clark *1006 which alleged negligent design, manufacture and labeling.”
Puckett v. Oakfabco, Inc., 979 P.2d 1174 (Idaho 1999). “I.C. §§ 6-1403(3), 5-219(4). UCC warranties apply only to those in privity of contract with the manufacturer and those who qualify as third party beneficiaries of the underlying sales contract as defined by I.”
— Idaho Code § 6-1403(l)(a) — 1 case
Olsen v. J.A. Freeman Co., 791 P.2d 1285 (Idaho 1990). “Idaho Code § 6-1403 effectively forecloses a claimant's cause of action before it truly can be said to have accrued.”
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