Alaska Accidents

FAQ Glossary Guides About
Espanol English
Definition

proprietary function

Think of a city running a parking garage or a public utility the way a private company would: charging fees, maintaining property, and serving customers. In law, that kind of activity is often treated as a proprietary function - work done by a government body in a business-like or commercial role rather than as a core public duty like policing, firefighting, or passing laws.

That label can matter a lot after an injury. When a government agency is acting in a proprietary role, courts may be more willing to treat it like a private defendant instead of giving it the same protection it gets for purely governmental decisions. That can affect sovereign immunity, the duty to maintain property safely, and whether an injured person has a stronger path to a negligence claim.

The trap is assuming that all government conduct is protected. It is not always that simple. A city may be shielded for policy choices but still exposed for careless operation of something it runs like a business. In Alaska, claimants still face strict procedural rules, and fault still matters. Under Alaska's modified comparative fault rule, AS 09.17.060, a person who is 50% or more at fault cannot recover damages. So even if the government activity counts as proprietary, a weak factual record or missed notice deadline can still sink the claim.

by Craig Halvorsen on 2026-03-25

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

Find out what your case is worth →
← All Terms Home