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Note
2 YearsAll tort actions are controlled by 2 year Statute of Limitations.
Negligence / Personal Injury
2 Years2 Years. If infant, 2 years from 8 th birthday
Intentional Torts
2 Years2 Years
Products Liability
2 Years2 Years with Discovery Rule
Wrongful Death
2 YearsSOL: 2 Years
SOR: 10 Years, except for defective products
Medical Malpractice
2 Years2 Years with Discovery Rule
Discovery Rule
Statute of Limitations runs from when injury is, or should have been discovered.
Disabilities
Minors (18 th birthday), incompetents, insane persons, and prisoners are allowed 2 years after disability ceases to file claim. If person injured is under the age of 8, period before 8 th birthday is not included in SOL. For minors, SOL will run from date of marriage (2 years + 1 day). In Alaska, court approved marriages are permissible at age 14.
Comparative Negligence
Pure comparative negligence rule applies.
Charitable Immunity
Charitable immunity has been abolished.
Compensatory Damages
Statutory limitations: $400,000 or life expectancy in years multiplied by $8000 (per year), whichever is greater, except for disfigurement or severe injury in which case $1,000,000 or life expectancy multiplied by $25,000, whichever is greater.
Municipalities
Claims against State may be pursued in state court.
Punitive Damages
Clear and convincing evidence of outrageous or reckless indifference.
Caps: Three times compensatory damages or $500,000.
Consumer Fraud Complaint
Alaska Office of Attorney General, Consumer Protection
http://www.law.state.ak.us/department/civil/consumer/cpindex.phpl
(907) 465-2133 |
