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Alaska Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959

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In Alaska, a lawsuit for a burn caused by someone else’s carelessness generally has to be filed within two years. Alaska uses pure comparative fault, so your own share of the blame lowers what you recover without wiping out the claim. Two years passes quickly when the first months go to surgery and wound care. Get treatment, keep what caused the burn, and talk to a lawyer well before the deadline.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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What to do after a burn in Alaska

Distance shapes burn care here. The one Alaska hospital in the American Burn Association’s directory is in Anchorage, and it is not ABA-verified. The ABA-verified centers closest to the state in this page’s data are in Seattle and Portland. If you are flown out for care, ask for copies of the records from every hospital along the way, including the transport notes.

Then protect the evidence. Photos of the wound taken over several weeks show healing and scarring better than words. Keep the item that caused the burn, whether a stove, a fuel can or a coffee cup, and do not let anyone take it for “testing.” Write down the names of witnesses. Ask the business or landlord in writing to save any video. Before you speak with an adjuster on a recorded line, get legal advice.

The Alaska Division of Fire and Life Safety posts current fire fatality data for the state (Alaska DPS).

The deadline to file in Alaska

Alaska’s general limit for personal injury or death is two years from the date the cause of action accrues (AS 09.10.070(a)). A burn caused by someone else’s carelessness is a personal injury claim, so this is the limit to watch.

Claims against the State follow the same two years. The state tort-claims statute lets a person with a tort claim against the State bring an action directly in a state court with jurisdiction, subject to the immunities it lists (AS 09.50.250). It contains no separate pre-suit notice step. This page does not cover notice rules for cities or boroughs, so ask about them right away if a local government may be involved.

How fault works in Alaska

Under Alaska’s pure comparative fault statute, the injured person’s own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery” (AS 09.17.060). Fault is apportioned among the parties, and liability is several under AS 09.17.080, so each defendant pays its own share.

A hotel guest in Anchorage is scalded when a shower valve fails and the water runs far hotter than normal. The defense says she should have tested it first. If a jury puts 25% of the fault on her, she still collects 75% of her damages. Water temperature matters in these cases: the ABA’s scald table shows 140°F water can cause a third-degree burn in five seconds (ABA scald guide), and the CPSC urges setting water heaters to 120°F (CPSC).

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Damages and caps in Alaska

DamagesAlaska ruleSource
Punitive damages, standardClear and convincing evidence that the conduct was outrageous, including malice or bad motives, or showed reckless indifferenceAS 09.17.020(b)
Punitive damages, usual capGreater of 3 times compensatory damages or $500,000AS 09.17.020(f)
Punitive damages, conduct driven by financial gain with known adverse consequencesGreatest of 4 times compensatory damages, 4 times the defendant’s financial gain, or $7,000,000AS 09.17.020(g)
Noneconomic damages against health care providers$250,000 per injury; $400,000 for wrongful death or severe permanent physical impairment more than 70% disablingAS 09.55.549

Half of any punitive award goes to the state general fund (AS 09.17.020(j)). The malpractice cap does not apply to reckless or intentional misconduct, and its text has no inflation adjustment.

Burns at work in Alaska

An employer’s workers’ comp liability “is exclusive and in place of all other liability of the employer and any fellow employee” (AS 23.30.055). The statute states no intentional-injury exception; it addresses only an uninsured employer.

Outside parties remain open to suit. A cannery worker burned by a boiler that a separate contractor serviced does not have to choose between comp and a lawsuit against the contractor (AS 23.30.015(a)). Timing matters, though. Accepting comp under an award assigns the claim to the employer unless the worker sues within one year after the award (AS 23.30.015(b)). From a recovery, the employer is repaid the comp and benefits it paid, after litigation costs (AS 23.30.015(g)).

Burn centers in Alaska

The ABA directory lists one burn center in Alaska, and it is not ABA-verified. Alaska has no ABA-verified burn center. The table shows the Alaska listing and the verified centers in neighboring Washington and Oregon.

CenterCityAddressPhonePatients
Alaska Native Medical Center Burn Center, listed by the ABA (not verified)Anchorage, AK4315 Diplomacy Dr, Anchorage, AK 99508(907) 563-2662Adult & Pediatric
UW Medicine Regional Burn Center, ABA-verifiedSeattle, WA325 9th Ave # 359796, Seattle, WA 98104(206) 744-5735Adult & Pediatric
Legacy Oregon Burn Center, ABA-verifiedPortland, OR3001 N Gantenbein Ave, Portland, OR 97227(503) 413-4232Adult & Pediatric

Source: American Burn Association, Find a Burn Center, directory checked November 2026.

Who may be liable for a burn

Responsibility can sit with several parties at once:

  • Building owners and landlords, for heating systems, wiring, fuel storage and smoke alarms.
  • A contractor or service company working where you are employed.
  • The company that made or sold a heater, stove, battery or fuel container that failed.
  • Utilities and fuel delivery companies, after leaks or careless service.
  • Restaurants and coffee shops, for scalding drinks and loose lids.

How Beverly Law helps in Alaska

Beverly Law’s attorneys are licensed in California and Washington, and the firm itself is a California firm. Burn injuries in Alaska go through its referral network to attorneys licensed in Alaska. After a free case review, you are put in touch with an Alaska-licensed burn injury lawyer, usually within one business day.

This page is general information about Alaska law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Alaska can tell you how they apply to your case.

Common questions

How long do I have to file a burn lawsuit in Alaska?

Generally two years from when the cause of action accrues, under AS 09.10.070(a). The same limit applies to tort claims against the State, which can be filed directly in state court under AS 09.50.250. This page does not cover rules for cities and boroughs, so ask about them early.

Can I recover if the burn was partly my fault?

Yes. Alaska’s pure comparative fault rule reduces your compensatory award in proportion to your share of fault but does not bar recovery, even at a high share. Each defendant pays its own share because liability is several under AS 09.17.080.

Are punitive damages capped in Alaska?

Yes. The usual cap is three times compensatory damages or $500,000, whichever is greater. When the conduct was driven by financial gain with known adverse consequences, the cap rises to the greatest of four times compensatory damages, four times the gain, or $7,000,000. Half goes to the state.

Is there an Alaska Bar lawyer referral service?

Yes. The Alaska Bar Association runs a Lawyer Referral Service. Lawyers who signed up to be on it charge no more than $125 for the first half-hour of consultation, which can help you compare options (Alaska Bar Association).

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BEVERLY LAW · BURN INJURY ATTORNEYS

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Related pages

Burn Injury Lawyer

Sources

  1. akleg.gov/basis/statutes.asp
  2. akleg.gov/basis/statutes.asp
  3. akleg.gov/basis/statutes.asp
  4. akleg.gov/basis/statutes.asp
  5. akleg.gov/basis/statutes.asp
  6. akleg.gov/basis/statutes.asp
  7. akleg.gov/basis/statutes.asp
  8. akleg.gov/basis/statutes.asp
  9. dps.alaska.gov/fire/
  10. alaskabar.org/for-lawyers/lawyer-referral-service/
  11. ameriburn.org/burn-care-team/resources/burn-centers/alaska-native-medical
  12. ameriburn.org/burn-care-team/resources/burn-centers/regional-burn-center-
  13. ameriburn.org/burn-care-team/resources/burn-centers/legacy-oregon-burn-ce
  14. ameriburn.org/burn-care-team/resources/find-a-burn-center
  15. childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf
  16. cpsc.gov/s3fs-public/5098-Tap-Water-Scalds.pdf

Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.

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