58-37e-13 - Statute of limitations.
58-37e-13. Statute of limitations.
(1) Except as otherwise provided in this section, a claim under this chapter may not bebrought more than two years after the cause of action accrues. A cause of action accrues underthis chapter when a person who may recover has reason to know of the harm from illegal druguse that is the basis for the cause of action and has reason to know that the illegal drug use is thecause of the harm.
(2) (a) For a plaintiff, the statute of limitations under this section is tolled while theindividual potential plaintiff is incapacitated by the use of an illegal drug to the extent that theindividual cannot reasonably be expected to seek recovery under this chapter or as otherwiseprovided by law.
(b) For a defendant, the statute of limitations under this section is tolled until six monthsafter the individual potential defendant is convicted of a criminal drug offense or as otherwiseprovided by law.
(3) The statute of limitations under this chapter for a claim based on participation in theillegal drug market that occurred prior to the effective date of this chapter does not begin to rununtil the effective date of this chapter.
Enacted by Chapter 349, 1997 General Session