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Alaska Responsibility Rules
Alaska Responsibility Rules go beyond identifying the driver responsible for an auto accident. Negligent Entrustment, Respondeat Superior, and Vicarious Liability lawsuits hold individuals and organizations accountable for the action of a family member, friend or employee when the the family member, friend or employee causes harm to another person. Under these legal theories, the court may hold the owner of a vehicle, machinery, or an employer responsible for the damages arising from an accident.
Negligent Entrustment
Alaska law recognizes and follows the common law tort of negligent entrustment, aligning with the definition found in the Restatement (Second) of Torts § 390. Under Alaska responsibility rules, negligent entrustment occurs when a person provides something (chattel) to another, knowing or having reason to know that the recipient’s youth, inexperience, or other factors make them likely to use it in a way that causes harm. In modern usage, chattel usually refers to tangible movable personal property. Consequently, this legal theory holds the provider liable for injuries resulting from such misuse.
If you loan your car to an inexperienced or otherwise unsafe driver, it is irresponsible. You may be found negligent. Negligence is not being careful enough, and causing harm. A personal injury or wrongful death lawsuit commonly names the owner of a car in addition to the driver under this legal theory. Even if no statute for owner’s liability exists, it may be possible to prove liability through the theory of negligent entrustment.
Alaska Responsibility Rules Apply In More Situations
There are many situations in which these and other legal theories apply. Consult an Alaska personal injury attorney to determine if these legal concepts apply to your case. A good Alaska personal injury attorney will analyze Alaska Liability Laws and advise you how to proceed.
This information on Alaska Responsibility Rules is Part One of a two-part series. See Part Two: Alaska Liability Law.
Johnson Law has been helping Alaskans under complex legal theories for nearly 30 years. It’s who we are. Call Johnson Law at (907)277-3090 or use our Contact Form to discuss your serious injury case. We are here to serve you.
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Source: Justia U.S. Law
Image Source: University of Alaska Anchorage