Oklahoma City Premises Liability Lawyer

Premises Liability Attorney in Oklahoma City, OK

Premises liability is an area of personal injury law that governs the responsibility a property owner has for the proper safety expectations for the property under their control. An Oklahoma City premises liability lawyer can help accident victims hold property owners liable for any injuries they incur as a result of negligent care for the property.

If you were injured on someone else’s property—whether it was a private residence, a business, or even a public park—you could be entitled to financial compensation for your resulting medical expenses, lost wages, pain and suffering, lost earning ability, and other damages. However, pursuing a premises liability claim can be incredibly complicated and challenging, especially when you are already navigating the various physical and emotional consequences of the incident. Understanding the nuances of local building codes and safety regulations in Oklahoma City can further complicate the process.

When you turn to the team at Fulmer Sill, you can rely on us to handle all of the legal details of your case while you focus on your physical recovery. We have helped victims of property owner negligence and misconduct recover sizeable settlements and verdicts; our team of premises liability lawyers is known for achieving the results our clients need to get back on their feet and move forward with their lives. Our approach encourages constant communication, providing you with updates and detailed explanations every step of the way.

Understanding Oklahoma Premises Liability Laws

Premises liability in Oklahoma refers to the legal responsibility of property owners or occupiers for injuries or damages on their premises. This legal concept holds property owners accountable for maintaining safe conditions on their property and addressing potential hazards to prevent harm to individuals who enter the premises.

Here are the elements an injured party (plaintiff) must prove in a premises liability case in Oklahoma:

• Duty of Care: The property owner or occupier must owe a duty of care to the injured party. The duty of care varies depending on the relationship between the parties (e.g., invitee, licensee, trespasser).
• Breach of Duty: There must be a breach of the duty of care. This could involve a failure to maintain the property in a reasonably safe condition or a failure to warn about known hazards.
• Causation: The breach of duty must directly cause the injuries. The plaintiff must demonstrate that the hazardous condition or negligence directly led to the harm suffered.
• Damages: The plaintiff must have suffered actual damages, such as medical expenses, pain and suffering, loss of income, or other measurable losses.

To have a premises liability case, you must not only prove the existence of a dangerous condition, but you must also prove that the property owner knew about or reasonably should have known about the dangerous condition yet failed to take reasonable steps to remove or repair the dangerous condition or warn you about its existence.

The concept of foreseeability is crucial in establishing liability. Property owners in Oklahoma City may be held responsible for foreseeable injuries that could have been prevented through reasonable care. This foresight implies an obligation to adapt and improve safety measures continuously as new hazards emerge.

Property owners are also expected to regularly inspect and maintain their premises to make sure that they are free from dangerous conditions. This includes fixing hazards promptly or providing warnings if a hazard cannot be immediately addressed.

Finally, you must also prove the condition was not so open and obvious that you could have avoided it. If you are found to be 50% or more to blame for the incident, you can be barred from bringing a personal injury claim under the state’s rule of modified comparative negligence.

Oklahoma’s Modified Comparative Negligence Rule

In Oklahoma, the modified comparative negligence rule set forth in O.S. 23-13 can significantly impact your premises liability claim. This rule dictates that your percentage of fault can reduce your compensation if you are found to be less than 50% at fault for the incident. However, if your responsibility is determined to be 50% or more, you may not recover any damages. This legal framework emphasizes the necessity of demonstrating clear evidence that primarily assigns fault to the property owner.

This approach aims for fair liability distribution and encourages all parties to exercise caution in maintaining safety. As such, securing knowledgeable legal guidance from a premises liability attorney can be essential in navigating the complexities of proving fault and ensuring that you present a strong defense against any claims that might suggest your partial liability.

Property Owners’ Responsibilities to Visitors

Generally speaking, property owners have a legal responsibility to make sure their properties are well-maintained and free of any hazards that could cause foreseeable injury. More specifically, property owners in Oklahoma owe varying duties of care to different types of property visitors.

The state recognizes the three following categories of property visitors:

• Invitees: An invitee is someone who has the property owner’s expressed or implied permission to be on the premises. This includes social guests, as well as customers, clients, and others who visit different types of residential, commercial, and public properties for the mutual benefit of both the invitee and the property owner.
• Licensees: A licensee is someone who does not have the property owner’s permission to be on the premises but is, nevertheless, lawfully on the property for their own purposes. Someone who uses a gas station bathroom without buying gasoline would be an example of a licensee.
• Trespassers: A trespasser is someone who does not have the property owner’s permission to be on the premises and is there unlawfully for their own purposes. An example of a trespasser would be someone who takes a shortcut through private property.

In Oklahoma, property owners owe the highest duty of care to invitees. State law requires property owners to maintain their premises and either remove, repair, or warn invitees of dangerous conditions or hazards that could cause foreseeable injury. Regarding licensees, Oklahoma property owners must warn of dangerous conditions or hazards that could cause foreseeable injury. This might include posting warning signs or notices, particularly in frequently accessed areas.

The state does not mandate any responsibility toward trespassers. However, property owners must generally refrain from causing willful (or intentional) injury to trespassers, and in cases involving children who trespass, the state’s “attractive nuisance” laws may apply. Under attractive nuisance laws, a property owner can be held legally responsible for injuries sustained by minors who trespass on a property when there exists a condition or feature that the property owner would reasonably know would attract minors to the property. For example, a homeowner could be liable if a child wanders onto their property and falls into a pool that does not have the proper barriers to prevent such an accident.

Public Property Liability & Premises Accountability

Public entities, such as state and municipal governments, often benefit from governmental immunity, a legal doctrine that shields them from certain types of civil claims. This immunity recognizes that the government needs protection from excessive litigation to carry out its functions effectively. Understanding the specifics of when this immunity applies can be crucial for anyone considering legal action involving public property.

In public property liability, governmental immunity can limit an individual’s ability to file a claim against the government for injuries sustained on public property. However, it is important to note that this immunity is not absolute, and there may be exceptions or situations where the government can be held liable. These exceptions often require demonstrating gross negligence or dangerous conditions previously complained about that went unattended.

In Oklahoma, when considering a claim against a government entity for injuries on public property, specific notice requirements must be followed. These requirements typically involve notifying the government of the claim within a specified timeframe after the incident occurs. Meeting these timelines is essential to preserve your right to seek compensation.

The purpose of notice requirements is to inform the government of potential legal actions against it and to provide an opportunity for investigation and resolution. Failure to comply with notice requirements may affect the viability of a claim against a government entity. Seeking legal counsel early can assist in navigating these often complex procedural stipulations effectively.

Examples of Dangerous Property Conditions in Oklahoma City

Some examples of dangerous property conditions include:

• Accumulated ice or snow
• Spilled liquids
• Slippery or wet floors
• Improper or missing signage
• Defective sidewalks
• Uneven floors
• Ripped or torn carpeting
• Defective or unsafe steps, stairs, and stairwells
• Missing handrails
• Exposed electrical wiring
• Cluttered walkways
• Unmarked exits
• Insufficient lighting
• Defective or missing security lights or cameras
• Negligent security guards
• Loose animals, including dangerous dogs
• Improper or missing swimming pool barriers
• Building code violations
• Potholes
• Fire hazards
• Poorly maintained or defective elevators and escalators
• Toxic or harmful substances, such as asbestos
• Maximum capacity violations

Common Premises Liability Claims

Property owners may be held responsible for all types of negligence; however, some types of premises liability claims are more common than others. Regular vigilance can help prevent these incidents, but when they happen, understanding the most typical scenarios can be illuminating.

At Fulmer Sill, our Oklahoma City premises liability attorneys represent clients in all types of cases, including but not limited to those involving:

• Animal attacks and dog bites
• Slip and fall accidents
• Negligent or inadequate security
• Swimming pool injuries
• Inadequate property maintenance
• Children on property/attractive nuisances
• Retail store liability
• Restaurant liability
• Public property/government liability

Key Evidence in Premises Liability Cases

There are several different types of evidence that can help you prove your premises liability claim. Some of them can be collected by you prior to your first meeting with your lawyer, such as:

• Photographs of the accident scene
• Your medical records from the incident
• Pay stubs to show lost wages at work
• A journal of what happened, including your daily symptoms following the injury

Some forms of evidence need to be gathered by your attorney. They can include:

• Surveillance videos
• Incident-report records
• Maintenance and inspection logs
• Prior complaints
• Expert witness testimony

Expert witnesses may be required to testify as to fall mechanics that explain your injuries or other aspects of the accident. They may also be able to help by coming up with a medical causation timeline.

Why Hire a Premises Liability Lawyer?

Falls in older Oklahoma residents alone cause 16 deaths and 161 hospitalizations weekly. Another 986 adults over the age of 65 are discharged from ERs across the Sooner State each week. Many of these injuries are covered under premises liability laws, as are many of the other accidental injury-related visits to the ER among people of all age groups. If you’re among those injured on another person’s property, you should hire a premises liability lawyer right away.

Your premises liability lawyer can assist you with all aspects of your case, including:

• Determining liability
• Filing paperwork
• Collecting and analyzing evidence
• Constructing a narrative of the events
• Negotiating a settlement with the property owner’s insurance company
• Litigating your case in court

Hiring a premises liability attorney is the most effective way to improve your odds of a successful outcome.

Our Framework for Building Your Case

There are four primary steps that premises liability attorneys take when building a new case. They are:

1. Conducting a liability framework review
2. Preserving and organizing records
3. Developing a demand with supporting evidence
4. Escalating your case through filing and trial preparation when a settlement can’t be reached

We have what it takes to get you the compensation you deserve, whether through negotiations with the property owner’s insurance company or through taking them to court.

FAQs About Oklahoma City, OK Premises Liability Laws

What Should I Do After an Injury on Someone Else’s Property?

After an injury on someone else’s property, your immediate priority should be attending to any medical emergencies. Once your health is stable, gather evidence from the scene if possible. Take photographs of the location and conditions that led to your injury, and gather contact details from any witnesses.

Report the incident to the property owner or manager to make sure there is an official record of the event. Keeping detailed notes of all related conversations can support your claim later.

How Can You Assist in a Premises Liability Claim?

We can assist in a premises liability claim by offering comprehensive legal guidance through each step of the process. Our knowledgeable team investigates the incident, gathers substantial evidence, and works to establish clear liability for incidents occurring in Oklahoma City.

We focus on getting you fair compensation for medical expenses, lost wages, and other damages by effectively communicating and negotiating with insurance companies and opposing parties. Our client-centered approach means that you receive personalized attention throughout your legal journey.

How Much Is a Premises Liability Case Worth?

How much a premises liability case is worth varies depending on the specifics of your claim. Factors that can impact how much your case is worth include how severe your injuries were, whether they may have a lasting impact on your life, and how skilled your lawyer is at negotiating with insurance companies.

Someone who has sustained catastrophic, life-altering injuries usually receives more compensation than someone who suffered only a broken bone that could be easily resolved.

What Is the Statute of Limitations on Premises Liability in Oklahoma?

The statute of limitations on premises liability in Oklahoma is two years. That means you have two years from the date of the incident to file your claim. If your injury was not immediately apparent, you’ll have two years from the date that you discovered it to file a claim. If you were a minor at the time of the accident, the statute of limitations can be paused until you turn 18.