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 injury. In accident 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 she 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 is listed in the following chart. See FindLaw's Negligence section for more articles.
|Code Section||§09.17.010, et seq; 23.25.010 (Employer's liability for negligence)|
|Comparative Negligence||Yes, §09.17.060: In an action based on fault seeking to recover damages for injury or death to a person or harm to property, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for the injury attributable to the claimant's contributory fault, but does not bar recovery.
|Contributory Negligence-Limit to Plaintiff's Recovery||-|
|Contribution Among Tortfeasors||Yes; §09.17.080(d)|
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 five elements in order to collect damages for injuries resulting from the defendant's negligence:
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Alaska Negligence Law: Related Resources
What If You've Been Injured? Start with a Free Claim Review
Negligence laws exist to compensate for injuries that could have 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. Before doing so, you should consult with an Alaska personal injury lawyer to understand all of your options. The good news is that you can contact one today and receive a free review of your case.
Contact a qualified attorney.