Accidents are a part of life, but when they happen on your property, the legal implications can be complex. In Alaska, “premises liability” is the legal principle that determines whether a property owner is responsible for injuries sustained by someone else on their land or in their building.

The Core Rule: Unreasonable Risk

Under Alaska law, property owners are generally liable if they fail to protect visitors from “unreasonable risks” created by a dangerous condition. The most common example is ice. If you know ice is accumulating on your walkway and do nothing, you may be held liable for a slip and fall. However, if you take reasonable steps – like sanding or salting – you have a strong defense, even if an accident still occurs.

What You Don’t Know Can Protect You

Liability often hinges on “notice.” If a property owner is genuinely unaware of a hidden danger, they are typically not at fault.

• The Collapsing Chair: In a notable Fairbanks case, a client was injured when a chair in a law office collapsed. Because the lawyer had no way of knowing the chair was faulty, the court ruled they were not liable.
• Black Ice: Similarly, if a visitor slips on black ice that is invisible to the naked eye, the owner is often not held responsible because the danger was not discoverable through reasonable inspection.

Beyond the Walkway: Dogs and Obvious Dangers

Premises liability isn’t just about floors and ice. It can include:

• Unsecured Hazards: If a dangerous dog escapes a poorly maintained fence and bites someone, the owner is likely at fault.
• Open and Obvious Dangers: If a danger is so obvious that a reasonable person should have seen it – like a large, visible crack in a sidewalk – the owner can argue that the injured party is responsible for their own lack of caution.

Protecting Your Property and Your Business

Because liability is highly dependent on the specific facts of an incident, there is no “one size fits all” rule. The best way to protect yourself is to proactively monitor your property. If you spot a hazard, fix it immediately or provide a clear, visible warning.

If you have questions about your responsibilities as a property owner or are facing a liability claim, the team at Birch Horton Bittner & Cherot is here to provide the expert guidance you need.