Construction Overview

Prepared by Richmond & Quinn
Anchorage, Alaska

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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).

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