Alaska Statutes
Alaska Stat. § 47.10.960 (2026)
Civil liability
✓ current as of July 2026
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Sec. 47.10.960. Civil liability.
(a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.
(b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.
(a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.
(b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.
Notes of Decisions
Cited in 5
cases, 2005–2016 · leading case: Smith v. Stafford, 189 P.3d 1065 (Alaska 2008).
Smith v. Stafford, 189 P.3d 1065 (Alaska 2008). “To highlight this point, AS 47.10.960 explicitly forecloses any argument that the provisions were intended to serve as the basis for a negligence claim.”
Tracy v. State, Dep't of Health & Soc. Servs., Off. of Child. Servs., 279 P.3d 613 (Alaska 2012). “" 9 The Tracys do not address AS 47.10.960(a), which states, "Failure to comply with a provision of this title does not constitute a basis for civil liability for damages," nor do they address its application as a bar to civil suits for alleged violations of Title 47.”
McGrew v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 106 P.3d 319 (Alaska 2005). “12 But another statute, AS 47.10.960, states that "Inljothing in this title creates a duty or standard of care for services to children and their families being served under AS 47.”
McGrew v. DFYS, 106 P.3d 319 (Alaska 2005). “[12] But another statute, AS 47.10.960, states that "[n]othing in this title creates a duty or standard of care for services to children and their families being served under AS 47.”
Brian McKay v. Anthony Longval & Genesis House (Alaska 2016). “3 The basis of the motion was that AS 47.10.960(a)4 forecloses civil liability resulting from a violation of AS 47.”
— Alaska Stat. § 47.10.960(a) — 2 cases
Tracy v. State, Dep't of Health & Soc. Servs., Off. of Child. Servs., 279 P.3d 613 (Alaska 2012). “" 9 The Tracys do not address AS 47.10.960(a), which states, "Failure to comply with a provision of this title does not constitute a basis for civil liability for damages," nor do they address its application as a bar to civil suits for alleged violations of Title 47.”
Brian McKay v. Anthony Longval & Genesis House (Alaska 2016). “3 The basis of the motion was that AS 47.10.960(a)4 forecloses civil liability resulting from a violation of AS 47.”
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