A person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for the personal injury or death if the injury or death occurred while the person was
(1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death;
(2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the felonious conduct substantially contributed to the personal injury or death;
(3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the conduct during the flight or apprehension substantially contributed to the injury or death;
(4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of AS 28.35.030, was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or
(5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence
(A) the violation of AS 28.35.030; and
(B) that the conduct substantially contributed to the personal injury or death.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 65. Actions, Immunities, Defenses, and Duties
Sec. 09.65.070. Suits against incorporated units of local government.
Sec. 09.65.080. Suits by incorporated units of local government.
Sec. 09.65.083. Civil liability of nonprofit and university fire departments.
Sec. 09.65.085. Civil liability of electric utility.
Sec. 09.65.087. Civil liability for use of an automated external defibrillator.
Sec. 09.65.090. Civil liability for emergency aid.
Sec. 09.65.091. Civil liability for responding to disaster.
Sec. 09.65.092. Civil liability for voluntary aircraft safety inspection.
Sec. 09.65.093. Civil liability relating to aircraft runways, airfields, and landing areas.
Sec. 09.65.094. Liability for inspection, installation, or adjustment of a child safety seat.
Sec. 09.65.095. Liability for administration of blood test.
Sec. 09.65.096. Civil liability of hospitals for certain physicians.
Sec. 09.65.097. Civil liability for emergency veterinary care.
Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers.
Sec. 09.65.145. Liability for injuries or death resulting from livestock activities.
Sec. 09.65.150. Duty to disabled pedestrians.
Sec. 09.65.155. Civil liability of firearms or ammunition manufacturer or dealer.
Sec. 09.65.160. Immunity for good faith disclosures of job performance information.
Sec. 09.65.161. Immunity for disclosure of required health care data.
Sec. 09.65.170. Limited liability of certain directors and officers.
Sec. 09.65.180. Civil liability of zoos.
Sec. 09.65.200. Tort immunity for personal injuries or death occurring on unimproved land.
Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession.
Sec. 09.65.205. Civil liability for controlled substances offense.
Sec. 09.65.215. Immunity of peace officer for use of body wire eavesdropping device.
Sec. 09.65.220. Immunity for certain real property disclosures.
Sec. 09.65.230. Innocent misrepresentations by agents in real property transfers.
Sec. 09.65.235. Immunity for negotiated regulation making committee and its members.
Sec. 09.65.250. Immunity for certain actions related to child support.
Sec. 09.65.255. Liability for acts of minors.
Sec. 09.65.270. Civil immunity related to the sale or transfer of a firearm.
Sec. 09.65.280. Civil liability of state for acts or omissions of village public safety officers.
Sec. 09.65.290. Civil liability for sports or recreational activities.
Sec. 09.65.295. Liability involving a peace officer or firefighter.
Sec. 09.65.300. Immunity for providing free health care services.
Sec. 09.65.305. Immunity for distributing free recycled used eyeglasses.
Sec. 09.65.330. Immunity: Use of defensive force.
Sec. 09.65.340. Immunity for prescribing, providing, or administering an opioid overdose drug.
Sec. 09.65.350. Immunity for certain actions related to transportation network companies.