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

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

01 basis for liability and to contributory fault. 02 * Sec. 2. APPLICABILITY. The amendment of AS 09.17.900, made by sec. 1 of this Act, 03 applies to causes of action that accrue on or after the effective date of this Act.