Alaska Statutes

Alaska Stat. § 05.25.040 (2026)

Owner's civil liability

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 05.25.040. Owner's civil liability.
Article 3. General Provisions.
Except as provided under AS 09.65.112 and AS 09.65.290, the owner of a boat is liable for injury or damage caused by the negligent operation of the owner's boat whether the negligence consists of a violation of a state statute or the failure to exercise ordinary care in the operation of the boat as the rules of the common law require. The owner is not liable, however, unless the boat is used with the owner's express or implied consent. It is presumed that the boat is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other member of the owner's immediate family. This chapter does not relieve any other person from a liability that the person would otherwise incur and does not authorize or permit recovery in excess of injury or damage actually incurred.

Notes of Decisions
Cited in 2 cases, 1984–1988 · leading case: Churchill v. F/V Fjord, 744 F.2d 677 (9th Cir. 1984).
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Churchill v. F/V Fjord, 744 F.2d 677 (9th Cir. 1984). · cites it 2× “Alaska Owner Responsibility Statute Churchill and Carlough seek to impose liability upon the Johnsons under an Alaska statute, Alaska Stat. § 05.25.040 (1981). That section reads in pertinent part: The owner of a watercraft is liable for injury or damage caused by the negligent…”
Churchill v. F/V Fjord, 857 F.2d 571 (9th Cir. 1988). · cites it 2× “IY The district court’s dismissal of appellants’ claim under Alaska Statutes § 05.25.040 is reviewed de novo.”
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