Prospective Application of the Restatement (Third) of Torts: Products Liability in Alaska

This Article examines Alaska’s products liability jurisprudence in relation to the Restatement (Third) of Torts: Products Liability, the American Law Institute’s most recent formulation of the law of torts. The Article begins with an analysis of the Alaska Supreme Court’s seminal products liability decisions, including the Court’s partial adoption of products liability provisions from the First and Second Restatements. The Article then analyzes the provisions of the Third Restatement, comparing them with current Alaska law. The Article next analyzes Alaska’s preference for preserving the doctrinal wall between negligence principles and products liability principles, concluding that the Third Restatement does not recognize this distinction. The author concludes that the Third Restatement should be adopted only to the extent that it does not conflict with Alaska law, and in conformity with Alaska’s adoption of First and Second Restatement provisions.