(a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.
Terms Used In Alaska Statutes 09.10.140
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Plaintiff: The person who files the complaint in a civil lawsuit.
(b) An action based on a claim of sexual abuse under Alaska Stat. § 09.55.650 that is subject to Alaska Stat. § 09.10.065(b) may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances:
(1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;(2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff’s first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff’s discovery of the effect of the series of acts.(c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person’s eighth birthday is not a part of the time limit imposed under Alaska Stat. § 09.10.070(a) for commencing the civil action.
