Prepared by Richmond & Quinn
Anchorage, Alaska
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VIII. Immunities
- Sovereign Immunity
- Worker's Compensation
- Other Immunity
- Charitable Immunity
- Alaska's "Good Samaritan" Statute
- Limited Liability for Non-Profit Organizations
- Intra-Family Immunity Abolished
- Other Immunities or Limitations on Liability
A. Sovereign Immunity
The State of Alaska and municipalities enjoy limited sovereign immunity which protects state and municipal governments from suit in certain circumstances. AS 09.50.250 (state); AS 09.65.070 (municipalities). The Alaska Supreme Court has adopted a distinction between governmental planning decisions, which generally enjoy immunity, and operational decisions, which do not enjoy immunity. Industrial Indemnity Co. v. State, 669 P.2d 561 (Alaska 1983).
The Alaska Supreme Court has refused to use a mechanical test in determining whether a particular function or duty is immune from suit and weighs the possibility that liability may inhibit the vigorous performance of the state in its duties. State v. Abbott, 498 P.2d 712 (Alaska 1972) (excessive judicial interference with important decisions committed to the coordinate branches of government should be avoided); Adams v. State, 555 P.2d 235 (Alaska 1976) (Alaska Supreme Court declined to adopt a systematic test in determining whether a particular duty is discretionary).
Alaska has not adopted absolute immunity for the discretionary acts of public officials. Instead, the Alaska courts examine three factors in determining whether immunity will attach. These factors are (1) the nature and importance of the government function, (2) the likelihood the public official will be subjected to frequent accusations of wrongful motives, and (3) the availability to the injured party of other forms of relief. Aspen Exploration Corp. v. Sheffield, 739 P.2d 150 (Alaska 1987).
Punitive damages are not recoverable against either a state or municipality. AS 09.50.280; Alaska Housing Finance Corp. v. Salvucci, 950 P.2d 1116, 1123 (Alaska 1997).
B. Worker's Compensation
Under Alaska's Worker's Compensation statute, employers and co-employees are protected from suit for on-the-job injuries. AS 23.30.055. State v. Purdy, 601 P.2d 258 (Alaska 1979); Elliott v. Brown, 569 P.2d 1323 (Alaska 1977) (workmen's compensation is an exclusive remedy and bars a common-law action against a fellow employee). There is an exception where an employee commits an intentional tort upon a fellow employee, or where injury results from responsibilities not "inextricably intertwined" with an individual's employment duties. Sauve v. Winfree, 907 P.2d 7 (Alaska 1995) (co-employee may be liable for responsibilities which are not "incident to" nor "inextricably intertwined" with their employment duties); Elliott v. Brown, 569 P.2d 1323 (Alaska 1977) (socially beneficial purpose of the workmen's compensation law would not be furthered by allowing a person who commits an intentional tort to use the compensation law as a shield against liability). Another exception is allowed where an employer fails to purchase the required worker's compensation insurance. Ehredt v. deHavilland Aircraft Co., 705 P.2d 913 (Alaska 1985).
C. Other Immunities
1. Charitable Immunity
There is no charitable immunity doctrine in Alaska. See Tuengel v. City of Sitka, 118 F. Supp. 399 (D. Alaska 1954). There are several limited exceptions, some of which are noted below.
2. Alaska's "Good Samaritan" Statute
Alaska has a "Good Samaritan" statute which immunizes from liability "a person who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person . . . in immediate need of emergency aid in order to avoid serious harm or death." AS 09.65.090(a). This immunity extends to a voluntary member of an organization which exists for the purpose of providing emergency services, AS 09.65.090(b), but does not apply to individuals who have a pre-existing obligation to provide rescue services such as police officers and physicians. Lee v. State, 490 P.2d 1206 (Alaska 1971), overruled on other grounds, Munroe v. City of Anchorage, 545 P.2d 165 (Alaska 1976) (holding police officers have no duty to rescue would not comport with public conceptions of their role); Deal v. Kearney, 851 P.2d 1353 (Alaska 1993) (physicians have a pre-existing duty to render emergency care). See generally Bunting v. United States, 662 F. Supp. 971 (D. Alaska 1987).
3. Limited Liability for Non-Profit Organizations
In the absence of gross negligence, AS 09.65.170 provides immunity for certain individuals acting within the scope of their official duties. This group includes individuals such as officers and directors of a tax-exempt, non-profit corporation, members of the board of directors of a public or non-profit hospital and members of a school board.
4. Intra-Family Immunity Abolished
Alaska has abolished all inter-spousal or intra-family tort immunity and recognizes tort actions between family members. Drickerson v. Drickerson, 546 P.2d 162 (Alaska 1976).
5. Other Immunities or Limitations on Liability
There are a number of other immunity statutes located at AS ch. 09.65 and elsewhere. These include:
Electrical utilities cannot be held liable for strict liability (AS 09.65.090);
No negligence action for persons voluntarily performing aircraft safety inspections (AS 09.65.092);
No civil liability for sale of firearms or ammunition, absent negligent design, manufacturing defect; breach of contract, or breach of warranty (AS 09.65.155);
Limitations as to civil liability of zoos (AS 09.65.180);
Limitations as to liability for injuries occurring on unimproved land (AS 09.65.200); University of Alaska v. Shanti, 835 P.2d 1225 (Alaska 1992);
Limitations as to sale or transfer of firearms (AS 09.65.270);
Limitations as to actions of Village Public Safety Officers (AS 09.65.280).
Limitations of liability for ski area operators (AS 05.45.010, et seq.).
Additionally, the vicarious liability of a hospital for emergency room physicians that are contractors, created in Jackson v. Power, 743 P.2d 1376, 1383-85 (Alaska 1987), has been modified by AS 09.65.096.
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