Oklahoma City Premises Liability Attorney

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. A property owner can be held responsible for accidents, injuries, and other incidents leading to measurable damages on their premises. It is important to note that liability is not always straightforward and can involve various factors, including the condition of the property and the owner’s efforts to secure hazards within a reasonable timeframe.

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 ensures 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 ensure 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 you could have avoided it. If you are found to be 50% or more to blame for the incident, you will 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 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 to ensure 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 ensure 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 lawsuits. 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 sue 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 lawsuit 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 black mold or asbestos
• Maximum capacity violations

Common Premises Liability Lawsuits

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

Frequently Asked Questions About Premises Liability

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

After suffering 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, conditions that led to your injury, and gather contact details from any witnesses present. Simultaneously, report the incident to the property owner or manager to ensure there is an official record of the event. Keeping detailed notes of all related conversations can support your claim later. It is also wise to consult with a premises liability attorney in Oklahoma City to understand your rights and potential legal steps.

How Can You Assist in a Premises Liability Claim?

At Fulmer Sill, we can support your 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 maximizing your potential compensation for medical expenses, lost wages, and other damages by effectively communicating and negotiating with insurance companies and opposing parties. Our client-centered approach ensures you receive consistent updates and personalized attention throughout your legal journey, allowing you to focus primarily on your recovery while we handle the complexities of your claim.