ALASKA

Negligence / Personal Injury
2 Years If infant, 2 years from 8th birthday.
Personal Injury
2 Years Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.
Fraud
2 Years Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

The fraud limitations period does not begin to run until a reasonable person in like circumstances would have enough information to alert that person that he or she has a potential cause of action or should begin an inquiry to protect his or her rights. Bauman v. Day, 892 P.2d 817, 825-26 (Alaska 1995).
Toxic Tort
2 Years Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

The statute of limitations does not begin to run until the plaintiff's disease manifest itself in an illness. In such cases,the plaintiff initially does not have any symptoms of injury and therefore has insufficient information to prompt an inquiry into his cause of action. (i.e. plaintiff contracts silicosis or asbestosis from exposure to silicate dust or asbestos fibers). Sopko v. Dowell Schlumberger, Inc., 21 P. 3d 1265, 1271 (Alaska 2001).
Wrongful Death
2 Years The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just. Alaska Stat. Ann. § 09.55.580.
Medical Malpractice
2 Years

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

The statute of limitations does not begin to run until the plaintiff discovers, or reasonably should have discovered, the existence of all elements essential to the cause of action. Pederson v. Zielski, 822 P.2d 903, 906-07 (Alaska 1991).

Malpractice (Other Professions)
Products Liability
2 Years

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action. Alaska Stat. Ann. § 09.10.070.

Discovery:

The statute of limitations does not begin to run until the plaintiff discovers, or reasonably should have discovered, the existence of all elements essential to the cause of action. John's Heating Service v. Lamb, 46 P.3d 1024, 1031-31 (Alaska 2002).

Intentional Torts
2 Years
Municipal Liability/Sovereign Immunity
Claims against State may be pursued in state court. Follows Federal Tort Claims Act.
Discovery Rule
SOL runs from when injury is, or should have been discovered.
Comparative Negligence
Pure comparative negligence rule applies.
Charitable Immunity
Charitable immunity has been abolished.
Disabilities
Minors (18th birthday), incompetents, insane persons, and prisoners are allowed 2 years after disability ceases to file claim. If person injured is under the age of 8, period before 8th birthday is not included in SOL. For minors below the age of 18, SOL will run from date of marriage, when there is written consent or court approval (2 years + 1 day). In Alaska, court approved marriages are permissible at age 14.
Punitive Damages
Clear and convincing evidence of outrageous or reckless indifference.

Caps:
Three times compensatory damages or $500,000.
Compensatory Damages
Statutory limitations: $400,000 or life expectancy in years multiplied by $8000 (per year), whichever is greater, except for disfigurement or severe injury in which case $1,000,000 or life expectancy multiplied by $25,000, whichever is greater.
No-Fault Insurance

None

Consumer Fraud Complaint
Alaska Office of Attorney General, Consumer Protection
http://www.law.state.ak.us/consumer/
(907) 465-2133
(907) 465-2075 (Fax)

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