Alaska's Webb v. City and Borough of Sitka (1977) abolished the invitee/licensee/trespasser trichotomy, and Kremer v. Carr's Food Centers (1969) rejected the natural accumulation doctrine — meaning Alaska property owners cannot escape liability simply because ice and snow fell from the sky. Both rules together make Alaska one of the most plaintiff-friendly premises liability states in the country.
Pure comparative fault means no percentage bars your recovery, and a 120-day government notice requirement is more generous than most states' 60- or 90-day windows. But Alaska's extreme winters, remote properties, and harsh weather create evidence-preservation challenges unlike any other state — physical evidence at a fall site can be buried under two feet of snow before the week is out.
Alaska Statute § 09.10.070 imposes a two-year statute of limitations on personal injury claims, including premises liability. Evidence in Alaska slip and fall cases has an even shorter natural lifespan than in warmer climates: a fall site can be covered by fresh snowfall within hours in winter, a patch of black ice can melt and refreeze beyond recognition, and an outdoor walkway can be power-washed after a summer fall before an attorney ever visits the scene. Surveillance footage at commercial properties is typically overwritten within 24 to 72 hours. Internal maintenance logs and prior incident reports — the records that prove the owner had advance notice of the hazard — are internal documents that disappear without a formal preservation demand. An attorney who serves a litigation hold letter within days of the fall preserves both the documentary record and the owner's legal obligation to produce it.
Alaska abolished the invitee/licensee/trespasser classification system in Webb v. City and Borough of Sitka, 565 P.2d 1044 (Alaska 1977), adopting a single reasonable care standard for all entrants. Alaska courts apply a multi-factor test drawn from the Restatement (Second) of Torts § 343 to determine whether a property owner's precautions were reasonable: the foreseeability of harm, the probability that the harm would occur, the burden of taking precautions, and the social utility of the activity. For commercial premises in Alaska, the reasonable care standard imposes a continuous inspection duty in high-traffic areas and an obligation to respond promptly to known hazardous conditions — including ice formation, drainage defects, and uneven surfaces that are particularly dangerous in Alaska's extreme climate.
In Kremer v. Carr's Food Centers, 462 P.2d 747 (Alaska 1969), the Alaska Supreme Court rejected the "natural accumulation" doctrine that protects property owners in many other states from liability for ice and snow that fell naturally from the sky. Under the natural accumulation rule (adopted in Illinois, Ohio, and others), an owner has no duty to remove naturally occurring precipitation. Alaska rejected this rule entirely: property owners in Alaska must take reasonable precautions against ice and snow accumulation on their premises regardless of its natural origin. The obligation to sand, salt, remove, or warn of icy conditions applies whether the ice formed from snowfall, runoff, freezing of a water leak, or any other source. This rule reflects Alaska's climate realities and creates meaningful liability for commercial owners who ignore icy conditions that are entirely foreseeable in Alaska winters.
Alaska Statutes § 09.17.060 adopts pure comparative fault — there is no percentage bar to recovery. Even if you are 80% at fault for the fall, you recover 20% of your damages from a 20%-at-fault property owner. No other rule in the Lower 48 is this plaintiff-friendly. Alaska defense teams cannot eliminate your claim by pushing fault past a threshold; they can only reduce the recovery. This makes thorough documentation of the property owner's fault — through maintenance records, prior complaints, and surveillance footage — especially valuable, because every percentage point of owner fault translates directly into money you recover from a party that may be significantly at fault for creating a foreseeable hazard in Alaska's demanding climate.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Alaska abolished the invitee/licensee/trespasser trichotomy in Webb v. City and Borough of Sitka, 565 P.2d 1044 (Alaska 1977). All entrants are owed a single reasonable care standard based on the foreseeability of harm, the probability of injury, and the burden of taking precautions. For commercial premises, this means regular inspection of high-traffic areas, prompt correction of known hazards, and clear warning of dangerous conditions that cannot be immediately fixed. Alaska's extreme winter climate imposes a heightened inspection obligation for ice and snow accumulation — conditions that are both foreseeable and highly dangerous to pedestrians on Alaska properties.
No. The Alaska Supreme Court rejected the "natural accumulation" doctrine in Kremer v. Carr's Food Centers, 462 P.2d 747 (Alaska 1969). Unlike states that protect owners from liability for naturally occurring ice and snow, Alaska imposes a duty of reasonable care regardless of whether the hazardous condition resulted from precipitation, runoff, freezing of a natural water source, or any other natural cause. Commercial property owners in Alaska must sand, salt, remove, or clearly warn of icy conditions. The fact that the ice was created by ordinary Alaska winter weather is not a defense to a failure to maintain safe premises.
AS § 09.10.070 provides a two-year statute of limitations for personal injury claims. If the fall occurred on government property — a state building, municipal sidewalk, school, or other public facility — AS § 09.65.070 requires a written notice of claim within 120 days, which is more generous than most states' 60- or 90-day windows but still runs separately from the two-year SOL. Surveillance footage and physical evidence at the fall site should be preserved immediately — in Alaska's weather, an outdoor fall site can be physically altered within hours. Source: Alaska Legislature, https://www.akleg.gov/basis/statutes.asp#09.10.070
Yes. AS § 09.17.060 adopts pure comparative fault with no percentage bar. Your recovery is reduced proportionally by your fault percentage, but you are never completely barred regardless of how high your fault is found to be. At 75% fault, you still recover 25% of your damages. Alaska property owner defense teams cannot eliminate your claim; they can only reduce the payout by inflating your attributed fault. This makes comprehensive evidence of the owner's negligence — surveillance footage, maintenance records, prior complaints — especially important, since every percentage point of owner fault generates direct recovery. Source: Alaska Legislature, https://www.akleg.gov/basis/statutes.asp#09.17.060
AS § 09.65.070 requires a written notice of claim to be filed with the appropriate government entity within 120 days of the injury for claims against the State of Alaska, municipalities, or other governmental entities. This 120-day window is more plaintiff-friendly than the 60- or 90-day windows used in many other states, but it still runs from the date of injury and cannot be extended by the two-year SOL. Government premises include state buildings, public schools, municipal sidewalks, airports, and state-maintained parking facilities. Missing the 120-day notice deadline may permanently bar the government-entity claim even if the two-year lawsuit deadline has not expired. Source: Alaska Legislature, https://www.akleg.gov/basis/statutes.asp#09.65.070
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
Webb v. City & Borough of Sitka, 561 P.2d 731 (Alaska 1977)
unified reasonable care
Guerrero v. Alaska Housing Finance Corp., 6 P.3d 250 (Alaska 2000)
Open/obvious not absolute bar; off-premises duty factors
Kremer v. Carr's Food Center, Inc., 462 P.2d 747 (Alaska 1969)
reasonable care for snow/ice
Newton v. Magill, 872 P.2d 1213 (Alaska 1994)
URLTA applies
AS § 09.17.060
reduces but never bars recovery
AS § 09.65.070
immunities
AS § 09.50.250
tort liability waiver
AS § 09.65.200
Unimproved land immunity
Webb v. City & Borough of Sitka, 561 P.2d 731 (Alaska 1977)
unified reasonable care
Guerrero v. Alaska Housing Finance Corp., 6 P.3d 250 (Alaska 2000)
NOT a bar, 4-factor test
Kremer v. Carr's Food Center, 462 P.2d 747 (Alaska 1969)
REJECTED natural accumulation rule for snow/ice
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