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HB 19: "An Act relating to the definition of 'fault' as that term is used for the purposes of determining the liabilities of parties in civil actions, setting limitations on civil liability, and authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions."

00HOUSE BILL NO. 19 01 "An Act relating to the definition of 'fault' as that term is used for the purposes 02 of determining the liabilities of parties in civil actions, setting limitations on civil 03 liability, and authorizing the award, in conformance with applicable court rule, of 04 attorney fees in civil actions." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.17.900 is amended to read: 07  Sec. 09.17.900. DEFINITION. In this chapter, "fault" includes acts or 08 omissions that are in any measure negligent, [OR] reckless, or intentional toward the 09 person or property of the actor or others, or that subject a person to strict tort liability. 10 The term also includes breach of warranty, unreasonable assumption of risk not 11 constituting an enforceable express consent, misuse of a product for which the 12 defendant otherwise would be liable, and unreasonable failure to avoid an injury or to 13 mitigate damages. Legal requirements of causal relation apply both to fault as the 14 basis for liability and to contributory fault.

01 * Sec. 2. APPLICABILITY. The amendment of AS 09.17.900, made by sec. 1 of this Act, 02 applies to causes of action that accrue on or after the effective date of this Act.