Julie Carlson and James Carlson v. State

This case involves a bear attack. The issue is whether the State of Alaska may be held liable for personal injuries inflicted by a bear, when the bear is attracted to the site of the attack by garbage that had accumulated on state-owned property. The superior court granted summary judgment in favor of the State on the ground that the State was immune from liability under the Alaska Tort Claims Act, AS 09.50.250. We conclude that the state was not immune under the Act and that, depending on the facts to be established, the State may be liable for personal injuries resulting from the attack. We therefore reverse the decision of the superior court and remand the case for further proceedings.