Section 09.65.210. Damages resulting from commission of a felony or while under the influence of alcohol or drugs.

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.

Authorities

9.17.030

Notes

References

AS 9.17.030 .17.030">Sec. 09.17.030.

History

(Sec. 1 ch 139 SLA 1986; am Sec. 31 ch 26 SLA 1997)