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I. 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

A. Personal Injury

The statute of limitation for personal injury is two years. AS 09.10.070. Alaska has adopted the "discovery" rule, which provides that the statute of limitation begins to run when a plaintiff discovers or should have discovered that a claim may have existed. John's Heating Service v. Lamb, 46 P.3d 1024, 1031-32 (Alaska 2002); Hanebuth v. Bell Helicopter, Int'l, 694 P.2d 143, 144 (Alaska 1984); Pedersen v. Zielski, 822 P.2d 903 (Alaska 1991)(statute starts to run on date plaintiff discovers or should reasonably have discovered all elements of his or her cause of action).

B. Wrongful Death

The statute of limitation for a wrongful death action is also two years. AS 09.10.070. The statute may be tolled during the period in which the statutory beneficiary is a minor. Haakanson v. Wakefield Seafoods, Inc., 600 P.2d 1087 (Alaska 1979).

C. Property Damage

The 1997 Tort Reform Act decreased the statute of limitation for personal property actions accruing after August 7, 1997 to two years. AS 09.10.070. For personal property actions accruing prior to August 7, 1997, the applicable statute of limitation is six years.

D. Breach of Contract

The 1997 Tort Reform Act decreased the statute of limitation for claims accruing after August 7, 1997 to three years. AS 09.10.050; AS 09.10.053; Silvers v. Silvers, 999 P.2d 786 (Alaska 2000). For contract actions arising before August 7, 1997, the statute of limitations is six years.

E. Product Liability

Product liability actions may be brought under the theory of strict product liability, breach of warranty, or ordinary negligence. For claims pursued under ordinary principles of negligence or strict product liability, the statute of limitation is two years from the date of the accident, or two years from the time at which the plaintiff should reasonably have discovered all elements of his or her cause of action. AS 09.10.070; Yurioff v. American Honda Motor Co., 803 P.2d 386 (Alaska 1990); Anderson v. Fairchild Hiller Corp., 358 F. Supp. 976 (D. Alaska 1973) (requiring that strict liability claims be brought within two years is a reasonable interpretation of the public policy of Alaska).

Unlike claims for strict product liability and negligence, warranty claims are governed by the statute of limitation contained in the Uniform Commercial Code. AS 45.02.725. Under this statute, warranty claims are governed by a four-year statute of limitation which usually begins to run at the time the product is sold. Sinka v. Northern Commercial Co., 491 P.2d 116 (Alaska 1971). When a product warranty "explicitly extends to future performance," the four-year statute of limitation begins to run from the date of injury rather than the date of sale, however. Armour v. Alaska Power Authority, 765 P.2d 1372 (Alaska 1988).

F. Tolling of the Statute

If a plaintiff is either incompetent or a minor at the time the cause of action accrues, the statute of limitation is tolled until two years after the disability ceases. AS 09.10.140(a); AS 09.10.180; Yurioff v. American Honda Motor Co., 803 P.2d 386 (Alaska 1990).

Under the 1997 Tort Reform Act, there is an exception for plaintiffs who are under the age of eight at the time the injury occurs. Under this exception, when a plaintiff is injured while under the age of eight, the statute of limitation is tolled until the child's eighth birthday. AS 09.10.140(c). This exception applies to causes of action accruing after August 7, 1997. Prior to the 1997 Tort Reform Act, the statute of limitation for children under eight was tolled until the age of majority.

G. Statute of Repose

The 1997 Alaska Tort Reform statute created a ten year statute of repose. This statute establishes that a person may not bring an action for personal injury, death, or property damages unless the action is commenced within "10 years of the earlier of . . . (1) substantial completion of the construction" or "within 10 years of the last act alleged to have caused the personal injury, death or property damage." AS 09.10.055(a)(1), (2). This ten year statute of repose applies to causes of action accruing on or after August 7, 1997.

The statute of repose is intended to bar claims based on conduct which occurred over ten years in the past. It applies even where the plaintiff is under the age of majority or under a disability at the time of injury. See AS 09.10.055(a). There are a number of exceptions to the statute. For example, the statute does not apply where:

(1) the personal injury, death or property damage was caused by (A) prolonged exposure to hazardous waste; (B) an intentional act or gross negligence; (C) fraud or misrepresentation; (D) breach of an express warranty or guarantee; (E) a defective product; (F) breach of trust or fiduciary duty; (2) the facts that would give notice of a potential cause of action are intentionally concealed; (3) a shorter period of time for bringing the action is imposed under another provision of law; (4) the provisions of this section are waived by contract; or (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.

AS 09.10.055(b).

It should be noted that a prior Alaska statute of repose was declared unconstitutional by the Alaska Supreme Court. Turner Construction Co. v. Scales, 752 P.2d 467 (Alaska 1988). The current statute of repose has been found to be constitutional. Evans v. State, 56 P.3d 1046, 1068 (Alaska 2002).