Statutes of Limitations in Alaska

NOTE: Alaska has yet to enact any changes in legal liability or statutes of limitations due to the COVID-19 pandemic.

What Is the Statute of Limitations in Alaska?

The statute of limitations in Alaska for civil claims can range anywhere from two to ten years depending on the type of case. For instance, personal injury claims have a statute of limitations of two years, while judgments have a ten-year statute of limitations. Most felonies and all misdemeanor criminal charges have a five-year deadline.

Personal Injury/Negligence

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

Fraud cases fall under the same legal statute as personal injury and negligence cases.

“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

The statute of limitations in Alaska for toxic tort claims is the same as that for a personal injury case.

“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))

Statute of Repose for Construction Defects

The statute of repose for cases involving construction defects is ten years from substantial completion of construction or ten years from the last act that allegedly caused injury, property damage or death.

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))

Product Liability

2 Years

Product liability claims are governed by the same statute as personal injury and negligence claims.

“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

Discovery Rule

Any statute of limitations in Alaska typically runs from when the injury is or should have been discovered.

Municipal Liability/Sovereign Immunity

Claims against the state may be pursued in state court under the guidelines set by the Federal Tort Claims Act.

Comparative Negligence

The pure comparative negligence rule applies in Alaska.

Charitable Immunity

Charitable immunity has been abolished.

Legal Disabilities

Minors up to age 18, incompetents, the insane, and prisoners are allowed two years after their legal disability ceases to file a claim. If the person injured is younger than 8, the period before their 8th birthday is not included in the statute of limitations. In cases involving married minors, the statute of limitations will run from the date of marriage when there is written consent or court approval (two years and one day). In Alaska, court-approved marriages are permissible at age 14.

Punitive Damages

Clear and convincing evidence of outrageous or reckless indifference is required for punitive damages to be awarded. Punitive damages are capped at three times the compensatory damages or $500,000.

Compensatory Damages

Compensatory damages are limited to $400,000 or life expectancy in years multiplied by $8,000, whichever is greater, except for cases of disfigurement or severe injury, in which case damages may be up to $1,000,000 or life expectancy multiplied by $25,000, whichever is greater.

No-Fault Insurance

Alaska is not a no-fault state.

Consumer Fraud Complaints

Consumers may lodge fraud complaints with the Consumer Protection Unit of the Attorney General’s Office by filling out a complaint form and submitting it by mail or email. You can also call (907) 269-5200 or (888) 576-2529 if you have questions.