When a Hazard You Could See Does Not End Your Claim in Alaska Key Takeaways: In Alaska, an "open and obvious" hazard generally does not automatically defeat a slip and fall claim. Because AS 09.17.060 establishes pure comparative fault, proof that you saw a danger may reduce your damages in proportion to your share of...
How Alaska’s Pure Comparative Fault Rule Limits the Open and Obvious Defense
When a Truck’s Load Shifts: Understanding Alaska’s Cargo Rules and Your Right to Recover Key Takeaways: A cargo securement violation happens when a carrier, driver, or loading crew fails to firmly immobilize freight as federal regulations require, allowing it to shift, spill, or fall during transport. Federal rules at 49 C.F.R. Part 393, Subpart I...
Why Your Own Choices After a Crash Can Shape Your Recovery Key Takeaways: The duty to mitigate damages after an Alaska car accident requires an injured person to take reasonable steps to avoid making their losses worse, and it generally applies to conduct after the crash rather than fault for the collision itself. Alaska has...
The Timing Question That Can Decide Your Malpractice Case Key Takeaways: In Alaska, the medical malpractice filing clock does not always start when negligence occurred; under the discovery rule, it begins when you discover, or reasonably should have discovered, that malpractice caused an injury. Most claims follow the two-year deadline in AS 09.10.070(a), but courts...
Understanding Your Rights After a Fall on Someone Else’s Property in Alaska Key Takeaways: To prove property owner negligence in an Alaska slip and fall, you must show the owner knew or should have known about a dangerous condition, failed to fix it or warn you, and that this failure caused your injury. Premises liability...
The Short Answer on Recorded Statements in Alaska Key Takeaways: Alaska crash victims should not give a recorded statement to an insurance company without first understanding their rights. The adjuster often represents the at-fault driver and works to limit the insurer’s financial exposure. Recorded words can suggest inconsistency or partial fault, which matters under Alaska’s...
Your Right to Hold a Negligent Property Owner Accountable in Alaska Key Takeaways: Yes, injured visitors can sue an Anchorage business after a slip and fall when the business failed to keep its property reasonably safe. Alaska law imposes a duty of reasonable care on property owners, and a successful claim requires proving the business...
Building a Strong Slip and Fall Case on Alaska Property Key Takeaways: Proving a slip and fall injury claim in Alaska requires evidence connecting a hazardous condition, the property owner’s failure to address it, and your injuries. Strong cases rest on physical evidence like photos and video, medical records establishing injury and causation, and witness...