(a) Except as provided under (b) and (d) of this section, a person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under Alaska Stat. § 04.09.020 – 04.09.370 or is an agent or employee of a licensee and

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 04.21.020 v2

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) the alcoholic beverages are provided to a person under 21 years of age in violation of Alaska Stat. § 04.16.051, unless the licensee, agent, or employee secures in good faith from the person a signed statement, liquor identification card, or driver’s license meeting the requirements of Alaska Stat. § 04.21.050 (a) and (b), that indicates that the person is 21 years of age or older; or
(2) the alcoholic beverages are provided to a drunken person in violation of Alaska Stat. § 04.16.030.
(b) A person who sells or barters an alcoholic beverage to another person in violation of Alaska Stat. § 04.09.060, 04.09.850, or Alaska Stat. § 04.11.010 is strictly liable (1) to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient’s being under the influence of the alcoholic beverage substantially contributes to the civil damages; and (2) for the cost to the state or a political subdivision of the state to criminally prosecute a person who receives an alcoholic beverage from a person who violates Alaska Stat. § 04.11.010 if the prosecution results from the violation of Alaska Stat. § 04.11.010 described in this subsection.
(c) In an action under (b) or (d) of this section, it is not a defense that the person receiving the alcoholic beverage voluntarily consumed the alcoholic beverage or that the person receiving the alcoholic beverage was voluntarily under the influence of the alcoholic beverage.
(d) A person who knowingly furnishes or delivers an alcoholic beverage to a person under 21 years of age in violation of Alaska Stat. § 04.16.051 is civilly liable to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient’s being under the influence of the alcoholic beverage substantially contributes to the civil damages.
(e) In this section, “civil damages” includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state.
  Previous section
Next section  
 Chapter 21 Contents