What Is the Property Damage Statute of Limitations in Alaska?

You live in Alaska, and your property was damaged or destroyed by someone's negligence or intentional misconduct. One of the first things you need to find out is how long you have to file an Alaska property damage lawsuit. We'll bring you up to speed on the basics.

After a quick review of statutes of limitations and how they work, we'll turn our attention to Alaska's property damage statute. We cover how long you have to sue, when the lawsuit-deadline clock starts ticking, where your case should be filed, and more.

What Is a Statute of Limitations?

A "statute of limitations" is a deadline on the time you have to file a lawsuit in court. Every state makes its own statutes of limitations, with different deadlines for different kinds of legal claims. So, for example, a state might have a two-year limitation period for medical malpractice cases, a four-year statute for suits over breach of a written contract, and a five-year time limit on claims for trespass to land.

To understand how statutes of limitations work, you need to know:

• how long you have to sue, and
• the claim "accrual" date, meaning when the filing deadline clock starts running.

How Much Time Do I Have to Sue?

The statute of limitations will tell you how long—usually a period of years—you have to file a lawsuit in court. For example, a property damage statute of limitations might say: "Except as otherwise provided, all claims for damage to or destruction of real or personal property must be filed within two years." This means if your property was damaged by another person's wrongdoing, you have two years—from whenever your claim accrued—to sue.

When Does the Filing Deadline Clock Start Running?

The filing deadline clock starts running on the date your legal claim "accrues." As a rule, a legal claim accrues when all the facts necessary to have a claim are established and known. What does that mean? It means your claim probably accrues when you know (or have reason to know) your property was wrongfully damaged.

Of course, in most cases you know right away—on the date it happens—that your property's been damaged. Generally speaking, then, your property damage claim likely accrues on the date the damage or destruction occurs, sometimes called the "occurrence rule."

What if you don't know about your loss right away? In that situation, holding you to the occurrence rule wouldn't be fair. That's why most states also follow the "discovery rule," at least in some cases. Under the discovery rule, your property damage claim accrues on the date you:

• discover your property loss, or
• had enough facts that, if you were being reasonably diligent, you should have known your property had been damaged or destroyed.

In a few states, the discovery rule requires that you knew or should have known of your loss and who or what caused it.

The Alaska Property Damage Statute of Limitations

Alaska's property damage lawsuit filing deadline depends on whether the plaintiff (the person filing the lawsuit) is suing for damaged or destroyed:

• real property—real estate, buildings or structures on real estate, or fixtures attached to real estate, or
• personal property—vehicles, household effects, clothing, electronics, and other movable things.

The filing deadline is six years from the date of any wrongful action that results in "waste or trespass upon" real property. (Alaska Stat. § 9.10.050 (2024).)

For lawsuits over damage to personal property, Alaska Stat. § 9.10.070(a)(3) (2024) says you must file your lawsuit within two years.

When does an Alaska property damage claim accrue? Generally speaking, Alaska follows the occurrence rule. So, a property damage claim probably accrues when the damage happens. But Alaska follows the discovery rule, too. When you can't reasonably discover your property damage right away, your claim doesn't accrue until you know (or should know) about the damage and what caused it. (See Hanebuth v. Bell Helicopter Int'l., 694 P.2d 143, 144 (Alaska 1984).)

Can Alaska's Property Damage Statute of Limitations Be Extended?

In a few situations, maybe so. Alaska carves out exceptions to its statutes of limitations when strict application of the filing deadline would be unfair. Here are two examples.

Legally Disabled Persons

A person who's legally disabled can't manage their own day-to-day affairs without the help or supervision of a parent, guardian, or court. In Alaska, minors (those younger than 18 years) and mentally ill or mentally disabled persons are considered legally disabled.

Under Alaska law, when a legally disabled person owns property that gets damaged or destroyed, the statute of limitations doesn't start running right away. Instead, it starts to run when the legal disability ends. (Alaska Stat. § 9.10.140(a) (2024).)

Responsible Party Leaves Alaska or Goes Into Hiding

When the party responsible for damaging your property (the "defendant") flees Alaska or goes into hiding in the state, leaving you unable to start your lawsuit against them, the limitation clock doesn't run during the period they're absent or in hiding. (Alaska Stat. § 9.10.130 (2024).)

But absence from the state, standing alone, won't get you this extension. According to the Alaska Supreme Court, if you're able to serve the defendant with your lawsuit while they're outside Alaska, this exception doesn't apply. (See Kuk v. Nalley, 166 P.3d 47, 50-52 (Alaska 2007).)

Get Legal Advice First

If you think an extension of time gives you longer to file your lawsuit, seek the advice of an Alaska attorney. In court, it will be your job to convince the judge that an extension applies. The defendant will almost certainly object to you getting more time to sue. You should have an attorney research and prepare your legal arguments and present them to the court.

Where Do I File an Alaska Property Damage Lawsuit?

First things first. Unless you plan to file your case in Alaska small claims court, you should hire a lawyer to prepare, file, and handle your lawsuit in court. Why? For starters, because with a lawyer on your side you're more likely to get a favorable outcome.

In addition, lawsuits that aren't filed in small claims court must follow the Alaska Rules of Civil Procedure. These rules are complicated and can be difficult to understand and apply. Odds are you aren't familiar with them. Care to guess who knows them really well? The defendant's lawyer, who not only knows the rules, but knows how to use them against you. Without legal counsel, you'll quickly be in over your head.

Where Will My Lawyer File the Case?

Most Alaska lawsuits—including those for property damage—will be filed in Alaska superior court or district court. If you're asking the court to award you less than $100,000 in property damages, your case belongs in the district court. When your damages are $100,000 or more, your lawyer will sue in the superior court.

Your lawyer also must choose the correct "venue" (location) to file your case. That's likely the place where:

• the property damage happened, or
• the defendant lives or, if the defendant is a company, it has its principal place of business.

(Alaska R. Civ. Proc. 3(c) (2024).)

Can I Sue in Small Claims Court?

Alaska small claims cases can be heard either in the district court or the magistrate court. Your property damage case is eligible for small claims court if:

• you're not asking the court to award you more than $10,000 in damages, or
• you think the value of your case is more than $10,000, but you're willing to accept $10,000 or less to resolve it.

The rules and procedures in small claims cases are much more relaxed and informal than in superior court or district court. Cases tend to move more quickly. Lawyers are allowed to appear, but many parties represent themselves. The Alaska judiciary has prepared a helpful small claims handbook, and small claims forms are available, too.

I Think I Missed the Alaska Filing Deadline. Now What?

Worried that Alaska's property damage statute of limitations expired before you could file your case? Your first call should be to an experienced Alaska lawyer. Here are the questions you need to ask.

• What's the statute of limitations on my property damage claim?
• When did the statute of limitations clock start running?
• Has the time run out to file my property damage case in court?
• If so, is there an exception that gives me more time to sue?

Lawyers are trained to make arguments favoring their client's case. If there's a good faith factual basis to argue that you're still inside the statute of limitations, or that you're eligible for an extension of time to file, your lawyer will spot it.

Here's the bad news. If the statute of limitations has passed and no extension of time is available, your property damage claim is legally dead. Nothing you do will bring it back to life. File your case in court and the defendant will respond with a motion to dismiss. The court, as it must, will grant that motion. The judge might even "sanction" (penalize) you for filing a frivolous case.

You won't have any better luck trying to talk the defendant into a settlement. Once the limitation period runs out, in the eyes of the law you no longer have a claim. There's nothing to settle. Regrettably, you've lost the right to get compensation ("damages") for your property loss.

Do I Need an Attorney for My Alaska Property Damage Case?

The most truthful answer is: It depends. If you're thinking about going it alone, without legal help, ask yourself these questions.

• Are the case facts simple and mostly uncontested? If so, that's a point in favor of handling the case yourself. But if the facts are complex or murky, or if the defendant disagrees with your version of what happened, think about getting legal help. A lawyer can help you to find and organize the facts, and present them in a coherent, persuasive narrative.
• Are there problematic legal issues in the case? Here, we're talking about legal problems that might damage or even sink your case. The statute of limitations is a prime example. Or maybe the defendant claims that you're partly or completely responsible for your losses. The court will have to resolve these issues, after the parties submit written briefs and make their arguments to the judge. You'll want an experienced lawyer to handle those tasks for you.

Long story short: If the facts are clear and simple and you're not fighting with the defendant over case-threatening legal issues, you might be able to get a fair settlement on your own. Otherwise, you'll soon find yourself lost in a maze of rules, legalese, and court procedures. The other side will be represented. To make it a fair fight, you should be, too.

If you decide to hire an attorney, here's how you can find one who's right for you.