This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
Alaska Answer and Defenses - Slip and Fall
State:
Multi-State
Control #:
US-PI-0178
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Answer And Defenses - Slip And Fall?
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FAQ
Alaska damage caps Damages arising from a single injury cannot exceed $400,000 or the victim's life expectancy multiplied by $8,000, whichever is greater.
The federal law has set the cap for medical malpractice to $250,000. Alaska follows the same limit. For other personal injury scenarios, the cap can go up to $400,000 (or life expectancy multiplied by $8,000). But this can be higher for the damages due to severe disfigurement or permanent physical impairment.
In Alaska, most personal injury lawsuits must be filed within two years of the date of the accident. This is known as the ?statute of limitations.? However, there are some exceptions to this rule.
Most felonies and all misdemeanors carry a five-year time limit, while the maximum additional "tolling" for a suspect living in hiding is three years. Additional details of Alaska's time limits for criminal charges are listed below.
The Limitations Act This means that a person has two years from the date that they suffered a loss, injury, or damage (or the date that the person became aware of the injury or loss) to commence a lawsuit.
Explanation: Unlike pure contributory negligence jurisdictions, Alaska follows the principle of comparative negligence. In Alaska, the court will determine the degree to which each party was responsible for the accident and distribute the liability and compensation ingly.
A claim for negligent infliction of emotional distress allows a plaintiff to recover for severe emotional distress even in the absence of physical injury. The Alaska Supreme Court has recognized two subtypes of this cause of action: bystander and preexisting duty. This instruction is for use in bystander cases.
In Alaska, the law lays out three points that must be met in a slip and fall case in order to move forward. These three points are: where the accident occurred; a hazard existed that reasonably should not have; and proving the owner or manager was at fault.