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Alaska Supreme Court upholds state's duty to protect public from harm 

Jump to full article: Sitnews (Ketchikan, AK), 2007-12-05

Intro:

The Alaska Health and Social Services Behavioral Health Director has praised the recent Alaska Supreme Court decision affirming that businesses are responsible for harm that may result from the products - in this case tobacco - they sell.

"This decision clarifies responsibilities for stakeholders in our mutual efforts to keep minors tobacco-free," Behavioral Health Director Melissa Stone said. "The decision strongly supports the Health and Social Services mission 'to promote and protect the health and well-being of Alaskans.'"

The court issued a decision on Nov. 23, 2007, upholding Alaska Statute 43.70.075 in a case involving cigarette sales to minors. The court determined that a business owner can be held . . .

The court concluded that "when an industry engages in commercial activity that routinely exposes the public to significant harm, the legislature has a legitimate interest in holding the industry's licensed participants accountable for all conduct in exercising the license, not just for the licensee's personal negligence or fault."

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