Alaska Statutes
Alaska Stat. § 09.17.080 (2026)
Apportionment of damages
✓ current as of July 2026
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Sec. 09.17.080. Apportionment of damages.
(a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating
(1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
(2) the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages unless the person was identified as a potentially responsible person, the person is not a person protected from a civil action under AS 09.10.055, and the parties had a sufficient opportunity to join that person in the action but chose not to; in this paragraph, “sufficient opportunity to join” means the person is
(A) within the jurisdiction of the court;
(B) not precluded from being joined by law or court rule; and
(C) reasonably locatable.
(b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed.
(c) The court shall determine the award of damages to each claimant in accordance with the findings and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault as determined under (a) of this section. Except as provided under AS 23.30.015(g), an assessment of a percentage of fault against a person who is not a party may only be used as a measure for accurately determining the percentages of fault of a named party. Assessment of a percentage of fault against a person who is not a party does not subject that person to civil liability in that action and may not be used as evidence of civil liability in another action.
(d) The court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault.
(a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating
(1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
(2) the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages unless the person was identified as a potentially responsible person, the person is not a person protected from a civil action under AS 09.10.055, and the parties had a sufficient opportunity to join that person in the action but chose not to; in this paragraph, “sufficient opportunity to join” means the person is
(A) within the jurisdiction of the court;
(B) not precluded from being joined by law or court rule; and
(C) reasonably locatable.
(b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed.
(c) The court shall determine the award of damages to each claimant in accordance with the findings and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault as determined under (a) of this section. Except as provided under AS 23.30.015(g), an assessment of a percentage of fault against a person who is not a party may only be used as a measure for accurately determining the percentages of fault of a named party. Assessment of a percentage of fault against a person who is not a party does not subject that person to civil liability in that action and may not be used as evidence of civil liability in another action.
(d) The court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1992–2025 · leading case: Sullivan v. Scoular Grain Co. of Utah, 853 P.2d 877 (Utah 1993).
Sullivan v. Scoular Grain Co. of Utah, 853 P.2d 877 (Utah 1993). “Alaska, Alaska Stat. § 09.17.080 (1991), Lake v. Construction Mach.”
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). “, Alaska Stat. § 09.17.080 (d) (Supp. 1991); Colo.”
Carroll v. Whitney, 29 S.W.3d 14 (Tenn. 2000). “, Alaska Stat. § 09.17.080 (Michie 1999); Bradford v.”
In the Matter of Rhone-Poulenc Rorer Inc., 51 F.3d 1293 (7th Cir. 1995). “, Alaska Stat. § 09.17.080 ; ILCS 735 5/2-1116; N.”
Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). “Alaska: But see Alaska Stat § 09.17.080 (1998) (establishing that liability in tort among persons responsible for the same injury is several only); Young v.”
Coats v. Penrod Drilling Corp., 61 F.3d 1113 (5th Cir. 1995). “, Alaska Stat. § 09.17.080 (d) (“The court shall enter judgment against each party liable on the basis of several liability in accordance with that party’s percentage of fault.”
Jon Liebsack v. United States, 731 F.3d 850 (9th Cir. 2013). “See Alaska Stat. § 09.17.080 (c). In other words, the error could not have been harmless and we must remand for a new trial.”
Steele v. Dillard, 486 S.E.2d 278 (S.C. Ct. App. 1997). “, Alaska Stat. § 09.17.080 (a) (Supp.1996); Ariz.”
Egbert v. Nissan Motor Co., Ltd., 2010 UT 8 (Utah 2010). “See Alaska Stat. § 09.17.080 (2009); Ga.Code Ann.”
In Re Jt. E. & S. Dist. Asbestos Litig., 878 F. Supp. 473 (S.D.N.Y. 1995). “5-102, 13-50.5-105, XX-XX-XXX.5; Conn.Gen.Stat.”
Bethel Native Corp. v. Dep't of the Interior, 208 F.3d 1171 (9th Cir. 2000). “The third-party complaint asserted three claims, only one of which is at issue on appeal: a claim for equitable apportionment of tort liability pursuant to Alaska Stat. § 09.17.080 (1996). 3 The State moved to dismiss that claim on the basis of Eleventh Amendment immunity.”
Findley v. Falise, 878 F. Supp. 473 (E.D.N.Y 1995). “5-105, 13- 21-111.5; Conn.Gen.Stat. § 52-572h; DehCode Ann.”
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