A fall in a store can immediately turn a simple shopping experience into a painful and confusing one. When you find yourself in this predicament, one of the first questions you will likely ask is who will pay your medical bills and other losses. In Alaska, the liability you incurred due to your injuries normally arises under a legal concept called premises liability. This implies that the store owner or property manager may be liable to pay damages if their negligence resulted in the unsafe condition that caused your fall.
The Store's Responsibility Under Alaska Law
To hold a store liable for your injuries, you must demonstrate that the store's negligence caused your accident. This entails being aware of the legal obligations that property owners owe to their customers.Understanding Premises Liability in Alaska
In Alaska, premises liability has developed. Whereas most states distinguish between invitees, licensees, and trespassers to ascertain the extent of care due to the visitor, Alaska has taken a more simplistic approach. Rather than treating you as a visitor, the law uses common-sense negligence rules to evaluate a landowner's actions.The "Duty of Care" for Alaska Store Owners
The owners of the Alaska stores have a legal duty to behave in a way that a reasonable person would in ensuring that their property is reasonably safe. This duty of care implies that they must avoid foreseeable harm to customers. This includes regularly inspecting the premises for dangerous conditions and correcting or warning of them.Alaska's Pure Comparative Negligence
In other instances, the store's insurance company may claim you contributed to the accident. It is necessary to know how Alaskan law treats shared fault.Alaska Statute 9.17.060, Pure Comparative Fault
Alaska is a pure comparative fault state. This implies that even when you are determined to have contributed to the cause of your accident, you can still be compensated. Nevertheless, you will be compensated less by the percentage of your fault. If you are found to be 20 percent at fault in the fall, your total compensation will be deducted by 20 percent.How Your Actions Can Affect Your Claim
- Distractions at the Scene. If you were checking your phone or not paying attention, the other party may claim you are partially to blame for the accident.
- Postponing Health Care. Delaying too long to see a doctor may hurt your case because it will be more difficult to prove that the incident caused your injuries.
- Speaking Unlawfully. What you say to insurers or others may be used against you. A slip and fall lawyer near me will assist in defending your claim and minimizing the fault attributed to you.
