Negligence in Alaska
State-specific overview · Tort Law
Alaska uses pure comparative negligence, allowing recovery even if plaintiff is 99% at fault, with damages reduced by plaintiff's percentage of fault.
How Alaska treats Negligence
Alaska permits plaintiffs to recover damages in negligence cases regardless of how much they contributed to their own injury, as long as the defendant was also negligent. The plaintiff's recovery is reduced proportionally by their own percentage of fault. For example, if a plaintiff is 80% at fault and awarded $100,000, they receive $20,000. This pure comparative negligence rule is more plaintiff-friendly than many other states.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.