Comparative Negligence in Alaska
State-specific overview · Tort Law
Alaska allows recovery even if plaintiff is 99% at fault; damages reduce by plaintiff's exact percentage of negligence.
How Alaska treats Comparative Negligence
Alaska follows pure comparative negligence, meaning a plaintiff can recover damages even if they bear substantial fault, as long as the defendant bears some degree of negligence. The plaintiff's recovery is reduced by their percentage of comparative fault. This rule is codified in Alaska Statutes and applies broadly to negligence claims, giving plaintiffs the most favorable comparative negligence standard among the states.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Alaska.