CSHB 360(JUD): "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date."
00CS FOR HOUSE BILL NO. 360(JUD) 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. 10 (b) This section does not apply to a civil action 11 (1) for damages resulting from 12 (A) gross negligence or reckless or intentional misconduct; 13 (B) an act or omission of an owner or operator of an aircraft or 14 watercraft who is a common carrier; or
01 (C) an act or omission of an owner or operator of an aircraft or 02 watercraft that occurs while demonstrating an aircraft or watercraft to a 03 prospective buyer; or 04 (2) described under (a) of this section if the owner or operator has 05 insurance that would compensate the claimant for civil damages awarded against the 06 owner or operator; an owner or operator who is insured as described in this paragraph 07 is not liable for civil damages described in (a) of this section that exceed the applicable 08 insurance. 09 (c) In this section, "compensated" means substantial payment in money, 10 services, or materials, but does not include a token payment. 11 * Sec. 2. This Act applies to a cause of action that accrues on or after the effective date 12 of this Act. 13 * Sec. 3. This Act takes effect July 1, 1994.