Premises Liability in Oklahoma
Premises liability is a legal principle that addresses personal injury cases involving injuries or accidents that occur on a person's property as a result of the property owner's negligence. Under Oklahoma premises liability laws, a property owner, business owner, or landowner may be held responsible for injuries or accidents that occur to permitted visitors or guests on their land, building, parking lot, amenities, or store due to the defective, unsafe, dangerous, or hazardous condition of the premises.
Examples of Premises Liability Accidents
Some common accidents or injuries that may occur and lead to a premises liability claim in Oklahoma include:
- Slip and fall accidents
- Hotel accidents
- Dog bites, dog attacks, and other animal attacks
- Defective and broken stair accidents
- Accidents involving fire
- Negligent security leading to assault or injury
- Parking lot accidents
- Porch collapses
- Defective conditions on the premises
- Inadequate maintenance of the property
- Snow and ice accidents
- Elevator and escalator defects or accidents
- Water leaks or flooding
- Inadequate maintenance of the premises
- Toxic fumes or chemicals
- Oil leaks
- Garage door accidents
- Swimming pool accidents
- Oilfield accidents
A skilled premises liability attorney can help determine who is responsible for your injuries, establish liability, and file your injury claims within the specified timeframe.
Statute of Limitations
In Oklahoma, the statute of limitations for premises liability cases is two (2) years from the date of the incident. This means that you must file a claim or lawsuit for your slip and fall accident within two years from the date the accident or injury occurred.
However, several different parties or entities may be held liable for a slip and fall accident, depending on the surrounding circumstances or events leading to the incident. These include:
- The property owner or homeowner due to their property's unsafe or dangerous condition
- The store manager or business owner due to the slippery or dangerous conditions of the business's premises
- The municipal agency or government entity that is responsible for maintaining the property
- Your carelessness – if you slipped and fell as a result of your negligence, carelessness, lack of attention, or oversight,
- Construction companies and builders
- The property management company that is responsible for maintaining the property
- Commercial property owners
- Companies that lease their business locations
- Service providers, such as companies responsible for repairing, maintaining, or cleaning the building or premises
A knowledgeable slip and fall accident attorney can review all of the surrounding facts of your unique circumstances thoroughly, identify the responsible parties, establish liability, and help prove fault.
To recover damages in your slip and fall accident case, you must prove negligence by showing that:
- The property owner caused the defective or unsafe condition, which led to the slip and fall.
- The property owner didn't fix the condition or failed to warn you about it.
- The property owner knew – or should have known – that the condition was dangerous by "reasonable" person standards.
- You suffered actual harm, physical injury, or losses due to the slip and fall accident.
An experienced lawyer can enlighten you about your possible options to seek damages, help prove negligence, and determine a fair amount of compensation for your injuries and losses.
Modified Comparative Fault in Oklahoma
Additionally, Oklahoma operates using the "modified comparative fault" principle, with a 51% bar. According to the rule, an injured person will only be allowed to seek damages if they were determined to be partially or equally (50% or less) responsible for the accident or injury. However, the amount of compensation that you may recover will be reduced by your fault degree.
For instance, if the jury awarded $70,000 for your slip and fall injuries but found you to be 10% responsible, your damages will be reduced by $7,000. In the end, you will only be allowed to recover $63,000. Under Oklahoma's modified comparative fault system, you will be completely barred from seeking damages if you were found to be mostly (51% or more) responsible for the slip and fall accident or your injuries.
Work With an Experienced
Personal Injury Attorney
Getting injured in a slip and fall accident can be a difficult and emotional experience. Such an incident may result in minor or serious injuries, missed time at work, and other losses. Thankfully, victims of slip and fall accidents may be eligible to recover damages by holding the negligent property owner liable. An experienced personal injury attorney can advocate for your best interests and help pursue fair financial compensation for your injuries.
For more than 30 years, Attorney Stan Bearden has devoted his career to providing knowledgeable legal services and advocating for the rights of slip and fall accident victims and their families. Using his in-depth understanding of the laws addressing liability in premises liability cases involving slips and falls, he can guide you through the complex claims process.