Alaska · Comparative Negligence

Alaska Comparative Negligence Rule

Alaska follows a pure comparative rule under Alaska Stat. § 09.17.060. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: Alaska

Rule type: Pure comparative
Max fault to recover: No cap (99%)
How recovery works: Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Alaska

Alaska applies pure comparative negligence: damages are reduced in proportion to the claimant’s share of fault with no percentage bar. See also AS 09.17.080 for apportionment among multiple tortfeasors.

Related: Alaska statute of limitations

Alaska gives you 2 years to file a personal injury lawsuit under Alaska Stat. § 09.10.070.

See the full Alaska statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Alaska attorney before relying on it.

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Alaska Comparative Negligence FAQ

What comparative negligence rule does Alaska follow?

Alaska follows a pure comparative rule under Alaska Stat. § 09.17.060. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in Alaska?

Yes. Alaska uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in Alaska?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Alaska is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in Alaska?

Alaska gives you 2 years to file a personal injury lawsuit under Alaska Stat. § 09.10.070.

Where can I read the actual rule?

The controlling authority is Alaska Stat. § 09.17.060. The full text is available at https://www.akleg.gov/basis/statutes.asp#09.17.060.

See comparative negligence rules for all 51 covered states