Alaska Stat. § 09.10.055
Statute of repose of 10 years
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Sec. 09.10.055. Statute of repose of 10 years.
(a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of
(1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, “substantial completion” means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended; or
(2) the last act alleged to have caused the personal injury, death, or property damage.
(b) This section does not apply if
(1) the personal injury, death, or property damage resulted from
(A) prolonged exposure to hazardous waste;
(B) an intentional act or gross negligence;
(C) fraud or misrepresentation;
(D) breach of an express warranty or guarantee;
(E) a defective product; in this subparagraph, “product” means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or
(F) breach of trust or fiduciary duty;
(2) the facts that would give notice of a potential cause of action are intentionally concealed;
(3) a shorter period of time for bringing the action is imposed under another provision of law;
(4) the provisions of this section are waived by contract; or
(5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.
(c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.
(a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of
(1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, “substantial completion” means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended; or
(2) the last act alleged to have caused the personal injury, death, or property damage.
(b) This section does not apply if
(1) the personal injury, death, or property damage resulted from
(A) prolonged exposure to hazardous waste;
(B) an intentional act or gross negligence;
(C) fraud or misrepresentation;
(D) breach of an express warranty or guarantee;
(E) a defective product; in this subparagraph, “product” means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or
(F) breach of trust or fiduciary duty;
(2) the facts that would give notice of a potential cause of action are intentionally concealed;
(3) a shorter period of time for bringing the action is imposed under another provision of law;
(4) the provisions of this section are waived by contract; or
(5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.
(c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.
Notes of Decisions
Cited in 4
cases, 1988–2001 · leading case: Gilcrease v. Tesoro Petroleum Corp.
Gilcrease v. Tesoro Petroleum Corp. (2001)
“See Alaska Stat. § 09.10.055 (a) (West 1997).”
Rose v. Fox Pool Corp. (1994)
“Code Ann. § 12-310 (1989); Fla.Stat.Ann. § 95.”
Sartori v. Harnischfeger Corp. (1988)
“§ 95.11(3)(c) (1987); Ga.Code Ann. §§ 9-3-51 (1982); Hawaii Rev.”
Fred Gilcrease and Dorothy Gilcrease v. Tesoro Petroleum Corporation (2001)
“See Alaska Stat. § 09.10.055 (a) (West 1997).”
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