Oklahoma City Premises Liability Lawyers

When a property owner fails to keep a property safe, and someone is injured because of a hazard they knew or should have known about, there could be a premises liability claim. Oklahoma has premises liability laws that offer a legal means for someone injured on another’s property to receive financial compensation for their losses.

If you’ve been hurt on someone else’s property, including a home or business, an Oklahoma City premises liability attorney at Nix Patterson may help you obtain financial justice. You could receive much-needed funds for your medical bills, pain and suffering, loss of wages, and much more.

What Is Premises Liability?

Premises liability refers to the responsibility of the owner of a home, business, or other property to keep the property safe, maintained, and free of hazards and conditions that could harm others.

In Oklahoma, you could receive compensation for your injuries if you’re legally on someone’s property as a guest or customer and were hurt because of unsafe property conditions. It could be someone’s home, but also a variety of businesses in the Oklahoma City area, such as Penn Square Mall, Northpark Mall, or Taft Stadium.

If your premises liability attorney proves the owner’s negligence caused your injuries, you could receive compensation for your medical bills, loss of ability to earn a living, and pain and suffering. If your loved one died in a premises liability accident, the family could receive compensation in a wrongful death lawsuit, such as:

• Burial and funeral expenses
• Lost future income from the deceased
• Lost inheritance
• The deceased’s pain and suffering during death
• Medical bills
• Mental anguish
• Loss of inheritance
• Loss of family support and care

Oklahoma Premises Liability Laws

Oklahoma premises liability laws mention property visitors who are invitees, licensees, or trespassers. It is essential to understand the differences between these types of visitors when deciding if you should file a premises liability claim:

• A property owner has the highest obligation to an invitee. An invitee is someone the property owner asked to come onto the property. For instance, a guest at a party would be considered an invitee. A property owner has the highest duty of care to prevent an invitee from being hurt.
• A licensee is a person who comes to the property with the owner’s permission to conduct business. For instance, a grocery store customer would be considered a licensee, as would an appliance repairman coming to a business or home to fix the washer. Property owners also have a duty of care to prevent licensees from being injured. However, state law sometimes holds that the owner’s duty of care is less than for invitees. Also, for a repairman, other types of insurance, such as workers’ comp, could pay for their injuries.
• A trespasser is a person who enters private property without authorization, such as a burglar. Oklahoma law does not sympathize with trespassers accidentally injured on someone’s property.

Types of Premises Liability Cases

Many types of premises liability cases could lead to compensation to the injured party. Some of the most frequent cases that Nix Patterson premises liability attorneys handle are:

• Slip-and-falls
• Defective stairways
• Negligent security
• Elevator accidents
• Dog and animal bites
• Ceiling collapse
• Fire safety violations

Possibly the most common type of premises liability case in Oklahoma City are slip and fall cases. These accidents can happen in homes, businesses, and in public. Some common examples are:

• Broken stairs
• Slippery or wet floors
• Missing handrails
• Spilled liquids in grocery stores
• Poor drainage
• Torn carpeting
• Ice and snow on sidewalks
• Inadequate lighting
• Potholes
• Construction site accidents

You should seek medical attention immediately if you are injured in a possible premises liability case. Getting medical attention quickly will reduce the chances of a severe injury. Also, having immediate medical help could benefit a potential personal injury claim. Your doctor will review your injuries and note if they were caused by an accident, such as a slip and fall on an icy sidewalk. This critical medical information could help prove liability in your case.

Premises Liability and Statistics in Oklahoma City

Many Oklahomans are injured in premises liability cases every year. The US Justice Department reported in 2001 that premises liability claims were about 11% of all civil claims that went to trial.

DOJ reports also indicate that nearly $4 billion is awarded yearly in premises liability cases and about 6% results in punitive damages. Meanwhile, the US Department of Labor reported in 2006 that there were 234,000 nonfatal slip-and-fall incidents on the premises of private employers.

The National Floor Safety Institute also reports that slip-and-fall injuries are the top cause of lost workdays. Plus, severe injuries from falls lead to approximately 800,000 hospitalizations annually.

Common Injuries from Premises Liability Cases

As with any accident, injuries from premises liability cases can vary from minor to severe. You could be entitled to money for a variety of injuries. The most common types of premises liability injuries are:

• Neck, shoulder, and back injuries
• Head trauma and traumatic brain injuries
• Scarring
• Disfigurement
• Broken bones
• Burns
• Spinal cord injuries
• Toxic chemical exposure
• Amputation and crushing injuries
• Soft tissue injuries
• Internal bleeding and organ damage

Many premises liability injuries can result in long-term or even permanent disability. Even if you don’t have permanent injuries, it could take months to reach a full recovery, which could upend your personal and professional lives.

Determining Liability in Premises Liability Cases

Simply being hurt on someone’s property in Oklahoma City doesn’t necessarily mean you’ll receive compensation in a personal injury claim. To have a valid premises liability case, you and your attorney must prove the following aspects:

• The owner of the property had a duty of care to you. For example, if you were a grocery store customer, the property owner had a duty of care to keep the store safe so customers aren’t injured.
• The property owner violated the duty of care. For example, a wet floor inside the store entrance wasn’t cleaned up quickly.
• You suffered injuries from a breach of duty. This could be something like a broken ankle.
• You have damages from the breach. This might include medical bills and pain and suffering.

You’ll need to show that the property owner or employee should have noticed and addressed a hazardous condition but didn’t. You’ll also need to show that you suffered injuries and other damages because of their negligence.

Proving someone was liable in a premises liability case is easier said than done; it isn’t enough to claim the owner breached their duty of care. You’ll have to show it through strong evidence, such as eyewitness testimony, video footage, photos, and expert testimony.

If you have a premises liability claim, you should speak to a Nix Patterson premises liability attorney today. They will tell you quickly if you have a potential case and lay out your legal options. Your attorney will also help you collect vital evidence to prove your case and negotiate with the insurance company. If negotiations don’t bear fruit, your attorney may take the case to court and present it to a jury.

Potential Defenses to a Premises Liability Claim

If you argue that a hazardous property condition resulted in your injuries, the owner or insurance company likely will counter with one of the defenses below. Their motivation is to lower their liability or even blame you for injuring yourself. It’s vital to hire an experienced premises liability attorney promptly to counter any of these defenses:

Assumption of Risk

In this defense, the property owner argues that you were aware of the hazard and decided to move forward regardless. For example, if an oil spill in a grocery store and the customer decides to step in the puddle, the owner may claim that the person assumed the risk. In this case, it’s possible that the defendant’s defense would be effective.

Assumption of risk is a common defense at sporting events. If you attend an Oklahoma City baseball game and are struck by a baseball, it is challenging to prevail in a premises liability claim. The stadium and team owner may assert that you assumed the risk of injury by attending the game.

Lack of Control or Ownership

Property owners are responsible for their properties. However, many premises liability cases revolve around who owned or controlled the property when the injury happened. Your attorney will review your case and determine which party is liable for your injuries. If multiple parties own the property, more than one could be responsible for your injuries.

Trespassing

The owner has a duty of care to people entitled to be on the property. But they don’t have a duty of care if you trespassed. However, there is one possible exception: attractive nuisances. This known hazard, such as a swimming pool, may entice a child to enter the property without authorization. Property owners don’t owe a duty of care to trespassers, but they do need to try to avoid injuring a child because of an attractive nuisance.

Comparative Negligence

Another possible defense for a property owner in Oklahoma is comparative negligence. In Oklahoma, if another party’s negligence harmed you, you may be entitled to compensation in a personal injury claim. However, if you were partially at fault for the accident, your compensation could be reduced according to your percentage of responsibility.

For example, suppose you were hurt in an apartment building because you fell on broken steps. However, a warning sign said the stairs were broken, and maintenance was scheduled. It’s possible you could be partially at fault for the accident, so your compensation could be reduced. As long as your degree of fault doesn’t exceed that of the property owner, you still may receive compensation for your injuries. But if your negligence was more than the owner’s, they may argue that you aren’t entitled to compensation because of comparative negligence.

Not Being Aware of the Dangerous Condition

Oklahoma City property owners have a duty to inspect their property often for places where someone could fall, be assaulted, or hurt in another way. They are responsible for fixing things that could lead to harm or warn visitors of the danger. However, there are certain dangers that, even with regular inspections, the owner may not be aware of. Also, there are dangers that even if the owner knew, it was impossible to act before someone was hurt.

For instance, if it snows in Oklahoma City, the property owner has to have time to clear the snow in front of the property. If you fall on a snowy sidewalk five minutes after bad weather hits, the owner may argue they didn’t have time to address the hazard.

How Long Does a Hazard Have to Exist for There To Be a Valid Claim?

Premises liability claims are complicated. To obtain damages, you must prove you were injured because of a property hazard and the owner’s negligence. There is no rule for how long the owner has to repair a safety hazard on the property, but the court will consider various factors, including whether the owner was aware of the hazard and whether the owner had sufficient time to repair the hazard or post a warning.

Oklahoma City Statute of Limitations

You don’t have an unlimited time to file a premises liability claim in Oklahoma. Generally, you have two years from the date of the injury. If your loved one died in the incident, you typically have two years from the date of the death to file a lawsuit.

You should always take legal action before the time limit has almost expired. While getting over the shock of a severe injury can take months, your attorney may struggle to build a convincing case if they don’t have plenty of time.

Speak to Nix Patterson’s Oklahoma City Premises Liability Lawyers Today

If you were injured on someone else’s property, it is important to have an Oklahoma City premises liability attorney review your case today. If the property owner was aware of or should have been aware of the hazard, you could be entitled to compensation in a personal injury claim. Contact our Nix Patterson premises liability attorneys today for a complimentary consultation.

While our firm has a strong national reputation in personal injury and premises liability cases, we maintain a legal presence in Oklahoma. Our attorneys know the area and legal landscape in Oklahoma City and can offer outstanding legal representation in your community.