Prepared by Richmond & Quinn
Anchorage, Alaska
January, 2008

TABLE OF CONTENTS

  1. Statutes of Limitation
    1. Personal Injury
    2. Wrongful Death
    3. Property Damage
    4. Breach of Contract
    5. Product Liability
    6. Tolling of the Statute
    7. Statute of Repose
  2. Choice of Law
    1. On Torts
    2. On Contracts
  3. Allocation of Fault
    1. Contribution, Joint and Several Liability Abolished
    2. Allocation of Fault to Absent Parties
    3. Allocation of Fault to Employers
    4. Statute of Limitation Doesn't Apply to Equitable Apportionment
  4. Indemnity
  5. Principles of Negligence, Liability
    1. Elements of Negligence
    2. Reasonable Person Standard
    3. Duty of Care of Minors
    4. Res Ipsa Loquitur
    5. Negligence Per Se
    6. Products Liability
      1. Design Defect
      2. Manufacturing Defect
      3. Failure to Warn
      4. Breach of Warranty
    7. Successor Liability
    8. Landowner Liability
    9. Ultrahazardous Activity
    10. Causation
  6. Liens and Subrogation
    1. Subrogation
    2. Liens
  7. Tort Reform
    1. Tort Reform Prior to 1997
    2. Tort Reform in 1997
      1. Statute of Limitation
      2. Caps on Non-Economic Damages
      3. Caps on Punitive Damages
      4. Apportionment of Fault
      5. Offers of Judgment
      6. Prejudgment Interest
      7. Discovery Limitations
  8. Immunities
    1. Sovereign Immunity
    2. Worker's Compensation
    3. Other Immunity
      1. Charitable Immunity
      2. Alaska's "Good Samaritan" Statute
      3. Limited Liability for Non-Profit Organizations
      4. Intra-Family Immunity Abolished
      5. Other Immunities or Limitations on Liability
  9. Defenses
    1. Comparative Negligence
    2. Product Liability
      1. Assumption of Risk
      2. Product Misuse
      3. Sale or Lease
      4. Substantial Change
      5. Industry Standards
      6. Scientific Unknowability
    3. Sudden Emergency Doctrine
  10. Collateral Source Rule
  11. Damages
    1. Recoverable Losses
      1. Personal Injury
        1. Loss of Consortium
        2. Negligent Infliction of Emotional Distress
        3. Bystander Claims
        4. Pre-existing Duty Claims
        5. Intentional Infliction of Emotional Distress
        6. Calculating Future Wage and Economic Loss
      2. Wrongful Death
        1. No Statutory Beneficiaries
        2. Statutory Beneficiaries
        3. Damages for "Other Dependents"
        4. Parents May Sue for Death or Injury to Child
      3. Survival Actions
      4. Property Damage
    2. Punitive Damages
      1. Standard for Recovery
      2. Punitive Damages are Allowed
      3. Employer Liability for Punitive Damages
    3. Interest and Attorney Fees
      1. Prejudgment Interest
      2. Postjudgment Interest
      3. Attorney Fees
Disclaimer: This tort law summary is intended to give readers an overview of Alaska law. The summary is not and should not be taken as legal advice or a legal opinion as to how the law will apply to any specific set of facts. Although every effort has been made to be accurate, the document is a summary and its accuracy cannot be guaranteed. Also, Alaska law will change over time and will apply differently according to the facts of each case.

 
 
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