Fracture settlements
in Alaska.
A woman flying home to Selawik slipped on ice outside the Alaska Airlines terminal in Kotzebue and fractured her kneecap, half broken and half shattered; the jury put 75% of the fault on the airline and 25% on her. A fish sorter who fell about 15 feet onto concrete in Dutch Harbor suffered several fractures and won the right to impairment pay as each rating came in.
Facts that decide a fracture claim in Alaska
| Shared fault on ice | A jury can find both the property operator and the person who fell careless; Sampson’s award was reduced by her 25% share.Tracy Sampson v. Alaska Airlines (Alaska 2020) |
|---|---|
| Impairment pay timing | Impairment compensation is payable on notice of each rating, not only after a combined rating.Unisea, Inc. v. Morales de Lopez (Alaska 2019) |
| Noneconomic damages cap | The greater of $400,000 or $8,000 times your life expectancy in years; for severe permanent physical impairment or severe disfigurement, the greater of $1,000,000 or $25,000 times life expectancy.Alaska Stat. § 09.17.010(b), (c) |
The US band is the starting point. Alaska's fault rule and any applicable cap then adjust the figure.