
Prepared by Richmond & Quinn
Anchorage, Alaska
Return to Table of Contents
II. Negligence
Alaska, like other states, also recognizes a cause of action for negligence, for example, where negligent work causes property damage or economic loss. Thus, in appropriate cases, there can be a claim for negligent workmanship, supervision, or design. To establish negligence, a party must prove duty, breach of duty, causation, and harm. Silvers v. Silvers, 999 P.2d 786, 793 (Alaska 2000). The jury is required to weigh actions of a person charged with negligence against the standard of conduct of a reasonable person in the same circumstances. Lyons v. Midnight Sun Transportation Services, Inc., 928 P.2d 1202 (Alaska 1996); Wilson v. Sibert, 535 P.2d 1034, 1036-37 (Alaska 1975). Negligence can arise out of a failure to act, as well as an act. Liability for inaction will exist if there is a duty to act and a reasonably prudent person would have foreseen the probability of harm resulting from the failure to act. State v. Guinn, 555 P.2d 530, 536 (Alaska 1976).
Return to Table of Contents
Disclaimer
|