Alaska Tort Laws

In 2023, over 500 tort cases were filed in Alaska, representing 22% of the total Superior Court filings in the state for the said year. As this data shows, torts are not uncommon, but many people confuse it with other legal concepts like crime or personal injury. This may be because, in some instances, an act such as battery can be considered a tort, a crime, the root of a personal injury lawsuit, or some combination of these. Such ambiguity is due to the broad definition of tort law.

The Stanford Encyclopedia of Philosophy refers to it as a branch of private law involved with settling wrongdoings between people. The American Museum of Tort Law, meanwhile, defines it as a pillar of law that deals with wrongful injuries. According to Cornell Law, a tort is an action that causes harm and leads to civil court liability.

What is clear from these definitions is that tort law involves going through a civil court to resolve disputes between individuals when one person's actions harm another. To help you better understand the concept in the context of Alaska, this article outlines the state’s tort laws. Improving your knowledge of this complex subject can help guide you through the process of obtaining justice for any wrong you may have suffered or could suffer in the future.

Basic Tort Categories in Alaska

Negligent Torts

If a person is harmed due to another’s negligent behavior or failure to implement reasonable care, they may be considered a victim of a negligent tort. To illustrate the concept more clearly, consider the following example: A building owner fails to warn guests that a certain area on their property is prone to slips and falls. If a guest does slip and consequently suffers an injury, the owner may have committed a negligent tort.

However, not every careless action that causes injury is considered a negligence tort. To establish liability, there must be evidence of the following:

• The defendant had a duty of care toward the plaintiff.

• The defendant breached their duty of care.

• The defendant’s breach of their duty of care caused harm to the plaintiff.

• The plaintiff incurred physical, emotional, or financial damages.

Negligent tort may also be referred to as unintentional tort, as there is no intent to harm even with negligence.

Intentional Torts

In contrast to negligent torts, intentional torts are deliberate or willful acts. However, the intention does not necessarily have to be harmful. As long as a person intends to do something (e.g., pull a chair or set up traps), there could still be a case of intentional tort if someone gets hurt as a result.

Some examples of intentional torts are:

• Assault.

• Battery.

• Conversion.

• False imprisonment.

• Trespassing.

• Defamation.

• Intentional infliction of emotional distress.

• Invasion of privacy.

Intentional torts are civil cases where the goal is to compensate the harmed person. However, there are certain instances where an intentional tort may become a criminal case. Thus, it is best to consult a lawyer to determine whether you should proceed with a civil complaint, a criminal one, or both.

Strict Liability Torts

In strict liability torts, the person bringing the case does not need to prove that the defendant was careless or intended to cause harm for the latter to be held liable. Instead, the focus is on proving that harm was done and that the action or cause can be attributed to the defendant or their product.

Strict liability is commonly applied in product liability cases; even if a manufacturer takes care to produce a safe product, they may still be deemed at fault if their product causes harm to a consumer.

In tort law, strict liability also typically applies to animal bites or the possession of certain animals. Be aware, though, that there is no state law on dog bites in Alaska. However, as the Sinclair v. Okata case ruling has shown, a dog owner will be liable for the harm their pet causes to others if there is evidence that they are aware of the animal’s tendency to bite.

Other Tort Categories in Alaska

Economic Torts in Alaska

Unlike the basic tort categories, where the harm brought about is physical or emotional, economic or business torts involve pure economic loss, usually from business transactions or contracts. Examples of economic torts are fraud, misrepresentation, negligence, and meddling in contractual arrangements. However, the economic loss doctrine makes business torts harder to pursue than the other types of torts.

In many states, this doctrine completely prevents plaintiffs from collecting damages when only economic loss is involved in their case; they can only sue for purely monetary loss if there is a warranty.

Alaska has a similar rule but is more flexible than most states. It allows recovery of purely financial losses in cases involving dangerous products, separate legal duties, or design professionals.

One case that applies the state’s version of the doctrine is the Mattingly v. Sheldon Jackson College lawsuit. The college hired Mattingly’s company to clean a drainpipe. To provide access to the pipe, the college excavated and drained a trench; however, it collapsed, injuring Mattingly’s workers and causing the business economic losses.

The Alaska Supreme Court ruled that Sheldon Jackson College had an independent duty to avoid the risks of economic damages and injuries for Mattingly. Thus, the college was considered liable.

Tort vs. Crime in Alaska

As previously mentioned, battery, which is an intentional tort, can also be considered a crime. A person who commits this type of act may face criminal charges. However, the processes and settlements for torts and crimes differ, even if they arose out of the same act. The table below differentiates between torts and crimes.

Note that the definitions of terms like assault or negligence may differ between civil and criminal law.

Mass Torts in Alaska

A mass tort is a civil action or lawsuit that involves multiple plaintiffs against a single defendant or the same ones, usually companies or corporations. For example, if several consumers find their kids being harmed by the same toy, they can launch a mass tort action against the product’s manufacturer, even if their children do not have the same injuries.

Here are some common examples of mass tort cases:

• Product liability lawsuit involving product defects.

• Lawsuits arising from the effects of an environmental disaster (e.g., hurricane aftermath).

• Liability lawsuits involving toxic substances (e.g., asbestos exposure).

Filing a mass tort claim instead of several similar civil lawsuits has different benefits for the plaintiffs, including the following:

• Reduced costs. Mass torts are often more cost-effective than single lawsuits, especially as plaintiffs spend less on transportation costs and legal dues.

• Efficiency. Courts can streamline the resolution of mass torts as the parties involved  can work together or proceed to multidistrict litigation to resolve matters quickly.

• Simultaneous resolution. One plaintiff would not have their case resolved earlier or later than similar lawsuits. Instead, the verdict or decision is reached at the same time for all involved.

• Fair or similar compensation. In mass torts, plaintiffs with the same types of injuries are likely to receive similar compensation amounts, as opposed to individual lawsuits where the amounts may vary widely.

Mass Torts vs. Class Actions

Similar to mass torts, class actions involve multiple plaintiffs against one or similar defendants. Still, there are some distinctions between mass tort and class action lawsuits, as the following table shows:

The main difference between class actions and mass torts is the plaintiffs' participation. In mass torts, every plaintiff is suing on their own. Thus, even if they do not have the same injuries, similar lawsuits are settled or resolved at the same time. However, they have to individually prove their cases by presenting their own pieces of evidence.

In a class action lawsuit, one plaintiff will represent the entire group of people with the same type of case and injuries. This means the rest of the group does not have to be actively involved in the lawsuit until the settlement. The participants also do not have to individually prove their cases. However, if a plaintiff no longer wants to pursue the case, they must opt out of the class.

The Mass Tort Process

The procedure for filing a mass tort lawsuit depends on the specifics of the case. Here is an overview of the steps a plaintiff typically goes through:

1. Collect evidence relating to your claim. 

2. Present your evidence to your lawyer for review.

3. File a personal injury claim within the statute of limitations.

4. Allow the court to consolidate similar personal injury claims to form one mass tort. Note that the court may also decide to have the case proceed to multidistrict litigation.

5. Undergo a pretrial discovery process to gain information from the defendant’s side.

6. Settle the case outside of court.

7. Proceed to trial if the settlement is not successful.

Before a settlement can take place, some mass torts may also undergo bellwether trials. These refer to individual cases that proceed to court or trial, but not as a collective. They are done to assess the reaction of the court (i.e., the judge and jury).

Additionally, you may confer with other plaintiffs or victims before proceeding with the mass tort. But remember to consult with your mass tort lawyer regarding the information that you can or cannot divulge to the other victims.

Alaska Tort Liability Insurance Requirements

Other than vehicle insurance requirements, Alaska does not mandate businesses to carry tort liability insurance. The state does not even impose minimum general liability insurance for most businesses, except for those involving specialized occupations.

For example, handymen, specialty, and mechanical contractors are required to have general liability insurance that covers at least $20,000 for property damage, $50,000 for the injury or death of one person, and $100,000 for the injury or death of more than one person. Meanwhile, the liability insurance requirement for vehicle owners is $25,000 for property damage and $50,000 to $100,000 for injury and death.

If you own a business that does not require liability insurance, it is still advisable to purchase a policy for it. It will financially prepare you for various incidents, including those that involve torts. In addition to general liability insurance, businesses can also obtain professional liability insurance, also known as errors and omissions coverage.

The Statute of Limitations for Tort Cases in Alaska

Tort claims in Alaska must be filed within the statute of limitations, which is the deadline for initiating a lawsuit. The timeframe varies depending on the specific type of tort. For most tort cases, including those involving medical malpractice, the statute of limitations in Alaska is two years from the date of the incident or discovery of the victim’s injury.

Exceptions to the two-year limitation include the following:

The statute may also be tolled for two years for minors and mentally incompetent individuals. For instance, if a plaintiff was 16 at the time of the tortious incident, they have two years from the time they turn 18 to file a tort claim.

How Much Can Someone Sue in a Tort Case in Alaska?

Alaska has damage caps, which limit the amount someone can sue for in a tort case. These caps vary according to the case and type of damages. The following table shows a few examples:

Alaska first introduced these limits on damages through tort reform laws in 1997. They primarily benefited businesses, which were previously affected by lawsuits that involved large punitive and non-economic damages. They also had an impact on insurance companies, which were charging high premium prices due to a lack of limits on damages. The reform also ensured that a portion of the punitive damages, if any, would go to the state.

While some think the reform is harmful for tort plaintiffs, others argue that such negative effects are hardly felt. Before the reform, non-economic damages rarely reached the caps, and if they did, defendants usually had them reduced through appeals.

Other Legal Remedies in Tort Cases in Alaska

Typically, tort cases in Alaska are resolved by ordering defendants to financially compensate the plaintiffs. However, there are cases where a more severe form of punishment against the defendant is necessary. In these instances, legal remedies like injunctions or restitution may be pursued.

Injunction

An injunction prevents a person from doing a certain action. For example, a temporary restraining order is a form of injunction that prevents a party, typically the defendant, from approaching the plaintiff. Besides a TRO, other forms of injunction include permanent and preliminary injunctions.

The requirements and processes vary among these types. For instance, a TRO in Alaska does not require notification of the affected party, unlike permanent injunctions. 

Note that not all applications for injunctions are successful. One notable example of an unsuccessful attempt to obtain an injunction in Alaska occurred when environmental groups sought to halt the Willow oil drilling project. The motion was denied because the court deemed that there was not enough evidence to prove that the construction would cause “irreparable injury.”

On the other hand, an example of a successful motion for a preliminary injunction is the one that Planned Parenthood obtained in 2021 against parts of a state law prohibiting certain health professionals from providing medication abortion.

Restitution

Compensatory damages in tort cases are based on the plaintiff’s injuries or damages. For example, if their injuries, pain, and expenses are worth $100,000, then they will receive that amount.

In contrast, restitution is based on the amount the defendant would have gained at their victim’s expense. If they would have gotten $120,000 because of their tortious actions, then the victim should receive $120,000.

In Alaska, restitution is typically imposed in criminal cases rather than tort or civil ones. Additionally, some types of monetary losses, like taxes or fines, are exempt from restitution.

Resources for Tort Victims in Alaska

Institute for Justice

Tort cases against the state of Alaska may be pursued, but they are more challenging than lawsuits against private individuals or corporations. That is because the state has immunity against certain types of torts, such as intentional torts. If you wish to file a tort case against the state, you may approach the Institute for Justice for assistance. This nonprofit law firm specializes in cases involving government abuse.

Alaska Court System

The Alaska Court System website makes several legal processes more convenient by making them accessible online. You can use the site to request copies of case files or court documents, fill out forms, and find resources that are especially crucial when you are self-representing. The website also provides information on court addresses and contact details. Additionally, it allows people to pay certain fees online, which is quicker and more cost-effective than traditional payment methods.

AlaskaLawHelp.org

AlaskaLawHelp.org, an online database of legal information and resources, particularly caters to low-income and senior Alaskans. However, one does not have to belong to those groups to utilize the site. You can access it to learn about a wide range of legal topics, such as restitution, contracts, and warranties. It also provides links to legal forms and free legal clinics that can give you legal advice related to tort law.