The first real freeze arrives overnight without much warning. The lot that was wet at nine o'clock is glass by seven the next morning.
Every October people call us after going down hard on a surface that looked ordinary, and they almost always open by apologizing. They tell us they should have been more careful. They want to know whether they even have the right to ask questions.
The question we ask first is usually not the one they expect.
Where did the ice come from?
Origin is often where an Alaska premises case turns. Ice that fell from the sky is a different analysis than ice formed by a poorly directed downspout, inadequate drainage, or runoff that crosses a walkway and refreezes in the same place all winter. How the dangerous condition came to exist is the first thing worth establishing.
A storm is a storm. Nobody controls the weather, and Alaska law does not pretend otherwise. But a downspout aimed across a walkway is a decision somebody made. A lot graded so meltwater runs over the path people use is a decision. A roofline that drips onto an entry every sunny afternoon in March is a condition the owner lives with every year and could address.
Two other questions sit alongside it. How long had the condition been there, and did the owner know, or should they reasonably have known, about it? Those matter. But when a case turns, it frequently turns on where the hazard came from in the first place.
What duties do Alaska property owners have?
Property owners in Alaska have legal duties concerning the safety of their premises, including reasonably addressing known snow and ice hazards. Alaska applies one standard to everyone lawfully on the property: reasonable care under the circumstances, from Webb v. City and Borough of Sitka.
In many states your rights after a fall still depend on a category. Were you a paying customer, a social guest, somebody cutting through on the way elsewhere? Alaska set that system aside decades ago. One duty, owed to everyone lawfully there.
The circumstances half of the standard carries real weight here. An Alaska property owner is held to Alaska conditions. Freeze and thaw is not a surprise. Black ice under fresh powder is not a surprise. In the matters we handle, reasonable care usually comes down to concrete things:
- Whether the property had a snow and ice plan, or whether treatment happened whenever somebody remembered
- Whether anyone inspected entries and walkways during the day, and whether any record exists
- Whether sand, gravel, or ice melt reached the places people actually walk
- Whether drainage, a downspout, or a roofline was putting water across a walking surface where it would refreeze
- Whether lighting was adequate at the hours people were out there
- Whether a spot that ices over every year had ever been addressed differently
Anchorage municipal code adds a layer in town. AMC 24.80.090 places responsibility on the occupant of land next to a public sidewalk, or with an accessible parking space on it, to keep that area clear. It operates between eight in the morning and six in the evening and sets accumulation thresholds at which noncompliance is presumed. A fall outside those hours is not outside the law. The analysis returns to the general reasonable care standard.
On the question of whether an owner knew: adjusters often open by saying their client had no idea the ice was there. Under Edenshaw v. Safeway, Alaska treats notice as one factor a jury weighs in deciding whether an owner behaved reasonably, not a separate hurdle an injured person has to clear first.
Who is responsible for winter safety in Alaska?
Both sides carry something. Alaskans pick the safest route, wear cleats when conditions call for them, and stay alert. Property owners still carry legal duties concerning the safety of their premises. Personal caution does not erase an owner's duty, and an owner's duty does not excuse a person from paying attention.
That balance is worth stating plainly, because the honest version of this subject includes both halves. Alaska is icy. Everyone who lives here knows it and adjusts for it. None of that relieves a property owner of the duties the law places on them.
One related point gets missed constantly. Kelley & Canterbury pursues claims for injuries caused by someone else's negligence. A person cannot pursue a claim against themselves. If you slipped on your own untreated steps, there is no claim to bring, and we will tell you so in the first conversation rather than the fifth.
Where fault is shared, Alaska applies comparative fault under AS 09.17.060, which reduces a recovery in proportion to the injured person's own share rather than eliminating it. The percentage is one step in a longer calculation, and no honest number can be put on any of it before the facts have been evaluated.
What should you do in the first hour after a fall?
Photograph the surface before anyone treats it, and make sure the images carry a timestamp. Report the fall and ask for a written incident report. Collect witness names. Note the time and the lighting. Get medical attention even if you feel functional, and keep the footwear you were wearing.
A timestamp matters more than people realize. A photo or video with a reliable time on it is valuable evidence of the property's condition at or near the moment of the incident, which is exactly the thing nobody can reconstruct later. Most phones record it automatically. Check that yours does before you need it.
Photograph wide enough to show where you are, then close enough to show the actual surface, with something in frame for scale. If you can see where the water came from, photograph that too: the downspout, the berm uphill, the drain that is not draining. Those frames go to the origin question.
Falls are disorienting. Most people get up, feel embarrassed, say they are fine, and drive home. Then they wake at three in the morning and cannot lift an arm. Surveillance footage is the evidence that disappears fastest, often on a short automatic cycle, so a preservation request sent early is frequently what makes a case possible at all.
Kelley & Canterbury is a small, family-operated Alaska firm, founded by Leonard T. Kelley in 1975. People reach us through the website, by phone at 907.276.8185, and by walking into the office. Someone on the team follows up to gather the details and help work out whether this is something the firm can assist with. From there you work with Chris or Michaela and the team together.
The initial consultation costs nothing, and our fee is contingent upon a recovery. Winter will do what winter does. Whether a property owner prepared for it is a separate question, and that one has an answer.
Questions Alaskans Ask
Can you sue for a slip and fall on ice in Alaska?
Potentially, where the injury was caused by someone else's negligence. Alaska property owners have duties concerning the safety of their premises, including reasonably addressing known snow and ice hazards. How the ice came to exist is usually the first question.
Does it matter whether the ice came from a storm or a downspout?
It frequently matters a great deal. Ice that fell from the sky is a different analysis than ice formed by poorly directed drainage or runoff that refreezes in the same spot. Origin is often where these cases turn.
How long do I have to file a slip and fall claim in Alaska?
Alaska generally allows two years from the date of injury under AS 09.10.070. Evidence has a much shorter life than the deadline. Surveillance footage is often overwritten within weeks and lots get treated within hours.
Do I have a claim if I fell on my own property?
No. A claim is for an injury caused by someone else's negligence, and a person cannot pursue a claim against themselves. We will tell you that in the first conversation rather than let you wonder.
What does a consultation cost?
The initial consultation costs nothing. It means sitting down with an attorney and hearing the good, the bad and the ugly about your situation. Our fee is contingent upon a recovery.