Alaska Negligence Laws
The vast majority of injury lawsuits are based on negligence, a legal theory that holds people liable for another's injuries if they either did something or failed to do something in a way that caused the injury. In tort law, an injury may be the loss of property, emotional distress, or other non-physical injuries in addition to physical ones.
In order to be found negligent, though, the defendant must owe someone a duty to keep them safe from injury. If the person fails to act like a "reasonable person" in the given situation, resulting in another's injuries, that person may be held liable for those injuries. To owe someone a duty, based on a particular standard of care, depends on the situation, the person's role, proximity, and other factors.
For example, a brain surgeon owes a much higher duty to her patients than just anyone off the street. Therefore, the surgeon may be held liable if something goes wrong and the patient suffers a complication because they failed to perform like a "reasonable surgeon" in that instance.
Negligence Law in Alaska at a Glance
General information on how Alaska handles negligence claims are listed in the following chart. See FindLaw's Negligence section for more articles.
|§09.17.010, et seq; 23.25.010 (Employer's liability for negligence)|
|Yes, §09.17.060: A claimant's damages are diminished by the percentage of the claimant's fault for their injuries.|
Contributory Negligence-Limit to Plaintiff's Recovery
Contribution Among Tortfeasors
Note: State laws may change at any time through the enactment of new legislation and other means, including the decisions of higher courts. You may want to contact an Alaska personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
Elements of a Negligence Case
A plaintiff must be able to prove the following elements in order to collect damages for injuries resulting from the defendant's negligence:
- The defendant owed a duty to commit an act or refrain from committing an act
- The defendant breached this duty
- This breach of duty caused injury to the plaintiff
- Defendant's actions (or inactions) were the proximate cause of the injury meaning the defendant's negligence was the sole cause of the injury or reasonably related to the injury)
- Plaintiff suffered actual damages (i.e., lost wages, hospital bills, suffering, etc.)
Research the Law
- Alaska Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
- Caps for Non-Economic Damages in Alaska
Alaska Negligence Law: Related Resources
- The Law of Negligence
- Elements of a Negligence Case
- Defenses to Negligence Claims
- Alaska Civil Statute of Limitations
If You've Been Injured, Get an Attorney's Help
Negligence laws exist to compensate for injuries that could've been prevented and they may allow you to recover money for yours. However there are a lot of factors at play, as well as important deadlines, if you plan on taking any legal action.
Explore your options by contacting an Alaska injury attorney today.
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