00 HOUSE BILL NO. 161
01 "An Act relating to civil liability for guest passengers on an aircraft or
02 watercraft; and providing for an effective date."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 09.65 is amended by adding a new section to read:
05 Sec. 09.65.112. CIVIL LIABILITY FOR AIRCRAFT AND WATERCRAFT
06 GUEST PASSENGERS. (a) An owner or operator of an aircraft or watercraft is not
07 liable for the civil damages of a person being transported in the owner's or operator's
08 aircraft or watercraft if the owner or operator is not being compensated for the
09 transportation. In this subsection, "compensated" means substantial payment in money,
10 services, or materials, but does not include a token payment.
11 (b) This section does not apply to a civil action
12 (1) for damages resulting from
13 (A) gross negligence or reckless or intentional misconduct;
14 (B) an act or omission of an owner or operator of an aircraft or
01 watercraft who is a common carrier; or
02 (C) an act or omission of an owner or operator of an aircraft or
03 watercraft that occurs while demonstrating an aircraft or watercraft to a
04 prospective buyer; or
05 (2) described under (a) of this section if the owner or operator has
06 insurance that would compensate the claimant for civil damages awarded against the
07 owner or operator; an owner or operator who is insured as described in this paragraph
08 is not liable for civil damages described in (a) of this section that exceed the applicable
10 * Sec. 2. This Act applies to a cause of action that accrues on or after the effective date
11 of this Act.
12 * Sec. 3. This Act takes effect July 1, 1995.