Alaska Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

A lawsuit for personal injury, or for assault, battery, false imprisonment, libel or slander, must be filed within two years after the claim accrues. Separately, most injury claims cannot be brought more than 10 years after the last act that caused the injury (or substantial completion of construction), with exceptions such as intentional acts, gross negligence, defective products, fraud and concealed facts.

A lawsuit for taking, detaining or injuring personal property (such as a car) must be filed within two years. A lawsuit for waste or trespass on real property has six years.

Alaska does not have a separate malpractice deadline in the sections reviewed; malpractice claims fall under the general two-year limit for personal injury or death. The 10-year statute of repose also applies, but it is paused while an undiscovered foreign object with no medical purpose remains in the patient's body.

A wrongful death lawsuit must be filed within two years after the death.

The personal representative of the person who died brings the action. Any recovery is solely for the benefit of the surviving spouse and children or other dependents. If there is no spouse, child or other dependent, the recovery goes to the estate and is limited to pecuniary (financial) loss. A person who feloniously killed the deceased cannot recover.

Pure comparative fault. An injured person's own share of fault reduces the damages in proportion but does not bar recovery, no matter how large that share is. Fault is allocated by percentage among all responsible parties, including some non-parties.

In personal injury and wrongful death cases, non-economic damages (pain, suffering, loss of enjoyment of life, loss of consortium and similar losses) for one injury or death are capped at the greater of $400,000 or $8,000 times the injured person's life expectancy in years. For severe permanent physical impairment or severe disfigurement, the cap is the greater of $1,000,000 or $25,000 times life expectancy. Economic damages are not capped by this section.

Non-economic damages against health care providers are capped at $250,000 per injury, no matter how many providers are sued, or $400,000 for wrongful death or severe permanent physical impairment that is more than 70% disabling. Hedonic damages (for the pleasure of being alive) are not allowed. The caps do not apply to reckless or intentional misconduct. Economic damages are not capped.

Allowed only if the plaintiff proves by clear and convincing evidence that the defendant's conduct was outrageous (including malice or bad motives) or showed reckless indifference to others. The award generally may not exceed the greater of three times compensatory damages or $500,000. If the conduct was motivated by financial gain and its harmful consequences were known, the cap is the greatest of four times compensatory damages, four times the defendant's gain, or $7,000,000. Half of any punitive award is paid to the State's general fund.

A person with a tort claim against the State may sue the State in state court. The State is immune from some claims, including those based on discretionary functions, on employees exercising due care in carrying out a law, and claims arising from assault, battery, false arrest, libel, slander or misrepresentation. A suit against the State is generally the exclusive remedy for injuries caused by a state employee acting within the scope of employment. Municipalities are also immune from certain claims, such as discretionary acts, permit decisions and many inspection-related claims.

Auto liability policies must provide at least $50,000 for injury or death of one person, $100,000 for injury or death of two or more people in one accident, and $25,000 for property damage (50/100/25). Policies must also provide uninsured/underinsured motorist coverage in the same amounts, under the rules in AS 28.22.201-28.22.231.

A driver in a crash causing bodily injury, death, or apparent total property damage of $2,000 or more must immediately notify police by the quickest means available: the local police department if inside a municipality, otherwise the Alaska Department of Public Safety (State Troopers). If the driver cannot, another capable occupant must give the notice.

For a crash causing bodily injury, death, or apparent total property damage of $2,000 or more, the driver must send a written or electronic report within 10 days to the Department of Administration (which includes the Division of Motor Vehicles), and to the local police if the crash was inside a municipality. No driver report is needed if a peace officer investigated. The form is available on the department's website, from local police, or from the Department of Public Safety. If the driver is incapacitated and is not the owner, the owner must report within 5 days of learning of the crash. Failing to report leads to license suspension until the report is filed and is a misdemeanor (up to $200 fine and/or 90 days).

A driver in a crash causing injury or death, or damage to an attended vehicle, must stop at or return to the scene and stay until giving name, address and vehicle license number, and must give reasonable help to anyone injured, including arranging for a doctor and transport to a hospital when treatment appears desirable. For an unattended vehicle, the driver must try to find the owner or leave a note with names, addresses and a statement of what happened. Failing to meet the information and assistance duties is punishable by up to 1 year and/or $500; failing to help an injured person is punishable by up to 10 years and/or $10,000. These penalties do not apply to someone physically incapable of complying because of the crash.

Slip and fall / premises liability: Alaska uses a single reasonable-care standard rather than separate duties for invitees, licensees and trespassers. Under the state's official civil pattern jury instruction, a landowner or property owner is negligent if the owner fails to use reasonable care to guard against unreasonable risks created by a dangerous condition on the property. The injured person must also show harm and that the owner's negligence was a substantial factor in causing it. The instruction's comment, citing Webb v. City & Borough of Sitka (Alaska 1977), says the owner must keep the property reasonably safe in view of all the circumstances, including the likelihood and seriousness of injury and the burden of avoiding the risk.

Claims against a city or borough: Alaska law allows a lawsuit against a municipality acting in its corporate character and within the scope of its authority, and a municipality may not require a person to post a bond as a condition of suing it. The statute bars suits based on certain acts, including discretionary functions, permit and license decisions, and failure to inspect or abate hazards on property the municipality does not own or lease. The section read does not set a notice-of-claim deadline or a damage cap.

Owners of unimproved land: Alaska limits the liability of owners of unimproved land. Under the state's official civil pattern jury instructions, the limit applies when the injury happened on unimproved land, resulted from a natural condition or occurred while the injured person was there for recreation, and the injured person had no obligation to pay the owner for use or occupancy of the land. When it applies, the owner is liable only for gross negligence, reckless misconduct or intentional misconduct, not ordinary negligence; if the person paid (or agreed to pay) for use of the land, the ordinary reasonable-care rule applies.

Pedestrian right of way: according to the Alaska Driver Manual, pedestrians have the right of way at marked crosswalks or at intersections, crosswalk lines do not have to be painted for this to apply, and drivers should always yield to the pedestrian and must not pass a vehicle stopped at a crosswalk to let a pedestrian cross. The manual tells pedestrians to cross only at crosswalks, obey traffic signals (not starting across on a steady or flashing Don't Walk), and walk on the left side of the highway facing traffic.

Bicycles: the Alaska Driver Manual says a bicycle is a vehicle, bicyclists must obey traffic signs, signals and all other traffic laws, and drivers must yield the right of way to bicyclists just as they would to another vehicle. It also states that no driver-license points are assessed for traffic violations committed on a bicycle. The manual recommends, but does not state a legal requirement for, helmets, and it does not state a passing distance.