For example, a driver may be held liable for negligence in Alaska when they drive too fast and crash into another vehicle. Even though the driver in the example may violate the speed limit, negligence is not a crime. In some situations, the at-fault driver is charged with a crime. However, proceedings for negligence are civil cases, not criminal. The key difference between negligence and criminal activity is state of mind. Car accident cases usually arise because of a mistake by one of the drivers rather than an intent to hurt another person.

Alaska Negligence Law

In Alaska, an at-fault driver is accountable for damages resulting from their negligence. Justice is a matter of monetary compensation in negligence actions. If you suffer injuries in an automobile accident, you may be entitled to recovery for lost wages, pain and suffering, medical expenses, and other damages.

Alaska negligence claims also sometimes settle without a law suit when parties reach an agreement. However, contested cases proceed to trial where a jury resolves the dispute. In either case, knowledge of the law and the legal process are important to achieving a fair result.

Johnson Law has been helping Alaska negligence victims 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.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Alaska Beacon

Alaska Liability Law For Employers

Respondeat Superior is a legal doctrine holding employers liable for the wrongful acts of employees occurring within scope of employment. Essentially, Respondeat Superior means “let the master answer,” holding an employer responsible for the actions of their employees under certain circumstances. This doctrine stems from the idea that employers benefit from an employees’ work. Therefore, the employer is also responsible for harm their employees cause while acting within the scope of their employment. 

Vicarious Liability in torts means one party can be held responsible for the tortious acts of another, even if the first party didn’t directly cause the harm. This commonly arises in employer-employee relationships. In other words, the employer can be liable for the negligent actions of an employee if those actions occurred within the scope of employment.  Employers or businesses are often named as a defendants in lawsuits caused by employees on the job.

The doctrines of Respondeat Superior and Vicarious Liability also apply when an employer entrusts a vehicle to an employee. Employers may be liable for an employee’s driving as part of the employee’s job responsibilities. This is true for many states including claims and lawsuits brought under Alaska Liability Laws.

Which Law Applies In Your Situation?

There are other situations in which these and other legal theories apply. Consult an Alaska personal injury attorney to determine the legal theories which apply to your case. A good Alaska personal injury attorney will analyze Alaska Liability Laws and advise you how to proceed.

This Alaska Liability Law information on is Part Two of a two-part series. See Part Two: Alaska Responsibility Rules.

Johnson Law has been helping Alaskans 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.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

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.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Source: Justia U.S. Law

Image Source: University of Alaska Anchorage

Wrongful Death Cases – when a death occurs, it is important to consider how the person died. If someone dies because of another person’s negligence or unlawful behavior, the family of the deceased person may need to file a wrongful death claim.

In some wrongful death cases, there may be a criminal law case relating to a death. If someone dies due to another’s unlawful behavior, the state may pursue criminal charges. Meanwhile, the wrongful death claim falls under civil law. It is important to understand the difference between criminal and civil law in wrongful death cases.

Criminal Cases

The government (either county, state, or federal), and criminal prosecuting attorneys file criminal court cases. The party accused of breaking the law is the defendant in these types of cases. In the case of a murder, for example, the accused party will be put on trial and if found guilty, will receive a criminal punishment. In criminal cases, victims do not receive financial compensation relating to the wrongful death claims in criminal cases.

Civil Wrongful Death Cases

Civil courts do not sentence defendants to criminal punishment. Instead, civil courts strive to make plaintiffs whole through financial compensation. As a result, the defendant is ordered to pay the plaintiff for their loss if the plaintiff prevails in a lawsuit. Civil lawsuits, including wrongful death cases, generally seek monetary compensation reflective of the harm done to the plaintiff by the defendant’s negligence or wrongdoing. In the case of a death, the surviving family files a wrongful death lawsuit on behalf of the deceased party.

Not all civil lawsuits have a related criminal suit. Evidence from the criminal case may be used in the civil case, if prosecutors obtain a conviction. The evidence will support claims for damages relating to the criminal act at issue against the at-fault party. If you have lost a loved one due to negligence by another person, you may need to speak to an experienced wrongful death attorney regarding your case.

Wrongful death claims are particularly sensitive cases. They deserve equally sensitive representation. Please call Johnson Law to discuss your loss: (907)277-3090 or use our online contact form.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Devlin Funeral Home