Alaska's Allocation of Fault

Posted by Daniel Pace | May 03, 2023

Under Alaska law, "allocation of fault" refers to the legal process of determining the degree to which each party involved in a lawsuit or legal dispute is responsible or at fault for the damages or injuries that resulted from the incident in question. This is particularly relevant in personal injury cases, where multiple parties may be involved in an accident or incident that caused harm to the victim. For example, in a car accident case, the court may need to determine what percentage of fault should be assigned to each driver involved in the accident.

Allocation of fault is usually determined by a judge or jury in a civil trial, based on the evidence presented by each party. Alaska follows a pure comparative negligence rule, which means that the plaintiff can still recover damages in personal injury, property damage, or wrongful death cases even if they are partially at fault for the incident. However, a plaintiff's damages award will be reduced proportionally based on their degree of fault.

In Alaska, allocation of fault is governed by Alaska Statute 09.17.080, which outlines the rules and procedures for determining fault and apportioning damages in personal injury cases. Generally, a defendant cannot attempt to allocate fault to anyone except parties to the case. This means defendants must add third-parties if the defendant want to argue others are responsible for causing the plaintiff's damages.

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Daniel Pace

Location: Anchorage, Alaska Phone: (907) 222-4003 Fax: (907) 222-4006 Email: Email Me Daniel Pace

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