Personal injury cases are relatively common in Alaska, and it is important to understand the laws surrounding such cases. One such law is contributory negligence, which is a legal term referring to the degree of fault a person has in an accident. This article will provide an overview of Alaska’s contributory negligence law, including what it means, how it applies to personal injury claims, and how it can impact compensation.
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What is contributory negligence?
Contributory negligence is a legal principle that recognizes that in some cases, both parties involved in an accident may have contributed to the cause of the accident. This means that the injured person may have been partially responsible for their own injuries. Under this principle, if someone is injured due to their own actions, they cannot recover any damages from the other person involved in the accident.
How does contributory negligence work in Alaska?
Alaska is a state that follows the rule of pure contributory negligence, meaning that if a person is found to be even 1% at fault for an accident, they cannot recover damages from the other parties involved. For example, if a driver is found to be 10% at fault for a car accident, they cannot recover any damages from the other driver who was 90% at fault.
How does contributory negligence affect personal injury claims?
Contributory negligence can have a significant impact on personal injury claims in Alaska. If the plaintiff in a personal injury claim is found to be partially responsible for their injuries, their compensation may be reduced or eliminated altogether.
For example, if someone slips and falls on a wet floor in a grocery store, but they were not wearing appropriate footwear, the court may find them partially responsible for their injuries. If the court finds that the plaintiff is 30% responsible for their injuries, their compensation may be reduced by 30%.
Defenses against contributory negligence
There are several defenses that can be used against a claim of contributory negligence in Alaska. For example, a defendant may argue that the plaintiff’s actions were "open and obvious," meaning that they should have known about and avoided the hazard that caused their injuries.
Alternatively, a defendant may argue that the plaintiff assumed the risk of injury by participating in a dangerous activity. For example, if someone is injured while rock climbing, the defendant may argue that the plaintiff assumed the risk of injury by participating in a known dangerous activity.
How an attorney can help
Navigating the legal system can be difficult, especially when it comes to personal injury claims. An experienced personal injury attorney can help to build a strong case and fight against claims of contributory negligence.
An attorney can also help to negotiate a fair settlement, which may be especially important in Alaska where compensation can be reduced or eliminated if the plaintiff is found to be partially at fault. In addition, an attorney can help to gather evidence, hire expert witnesses, and prepare for court proceedings.
In conclusion
In Alaska, contributory negligence can have a significant impact on personal injury claims. It is important to work with an experienced personal injury attorney who can build a strong case and fight against claims of contributory negligence. By understanding the laws surrounding personal injury claims in Alaska, you can take steps to protect your rights and ensure that you receive fair compensation for your injuries.