Oklahoma Specific Premises Liability Laws

If you have been injured on someone else’s property in Oklahoma, you may be entitled to financial compensation when you can prove that someone else was to blame for what happened. Oklahoma law mandates that one who was negligent has the legal responsibility to pay an accident victim when their actions caused injury.

That said, this legal process can be tough and strenuous, and you need an experienced fighter on your side to give you the best chance of success. Schedule a free initial consultation with the experienced premises liability lawyers at Nix Patterson to learn more about your legal rights.

Types of Premises Liability Injuries in Oklahoma

Premises liability law is actually a very broad umbrella that can encompass many types of accidents. The common denominator is that you have been injured on the property of another, and you may be entitled to financial compensation. Although the types of accidents may vary, the legal rules are the same.

Types of premises liability accidents in Oklahoma may include:

• Fractures and broken bones
• Soft tissue injuries
• Internal injuries
• Back injuries
• Cuts and lacerations
• Traumatic brain injuries
• Spinal cord injuries

No matter what type of injury you have suffered, it is imperative that you see a doctor immediately. A medical professional will diagnose and treat your injuries, giving you the medical records that form the basis of your premises liability claim.

The Duty of Care Owed in a Premises Liability Case

Oklahoma has a three-tiered legal system for determining the level of care that a property owner owes someone else. The duties of care are as follows:

• Invitees: This category is mostly comprised of business visitors or others who are invited on to a property for a specific purpose. Oklahoma courts define an invitee as one who “is considered to be one who uses the premises of another for the purpose of a common interest and mutual advantage.” The property owner must maintain their premises, And they must remove or repair dangerous conditions or warn invitees about them.
• Licensees: The most common type of licensee is a social guest. Oklahoma courts define a licensee as “those who enter premises of another for their own benefit or pleasure by express or implied permission of the owner.” This is another way of saying that the owner owes the ordinary duty of care to a licensee.
• Trespassers: When one has entered a property without permission, the owner owes them virtually no duty of care. The only thing that an owner must do is refrain from deliberately injuring the trespasser.

There are some cases in which the status of the visitor is at issue, and your premises liability lawyer could present arguments to the court that may show why you are owed a duty of care and the appropriate level of it.

How Oklahoma Views Premises Liability Law

Oklahoma law requires you to prove that the property owner was negligent in order to receive financial compensation. The law is relatively the same as it is in every other state. To win your premises liability lawsuit, you would need to prove the following four elements:

• Duty: The other party owed you the duty of care. This element is usually satisfied when someone else invites you onto their property or holds it open for you to enter.
• Breach: The defendant did something that would be considered unreasonable under the circumstances.
• Injury: You suffered some sort of injury to your person or emotions
• Causation: You would not have been injured had it not been for the actions or omissions of the other party.

You have the burden of proof to demonstrate each of these four elements before you can even discuss the amount of financial compensation with the insurance company. In any civil case, your burden of proof is showing that the facts you allege are more likely than not to have occurred. The standard of proof is known as preponderance of the evidence, and it is lower than the “beyond a reasonable doubt” standard that the prosecutor must meet in a criminal case.

Proving Negligence in an Oklahoma Premises Liability Lawsuit

Like any other type of civil case, you meet your burden of proof by demonstrating the facts by a preponderance of the evidence. This standard means that the facts that you allege are more likely than not to have occurred. There are various ways that you can prove negligence in a premises liability case.

Your premises liability attorney could use the following sources of evidence to show why you are entitled to compensation:

• Pictures: Photographs from the scene of the accident
• Testimony: Witness testimony from people who saw what happened or what the conditions in the area were like before your accident
• Videocamera evidence: Security camera footage obtained from the defendant
• Expert witnesses: Testimony from an accident reconstruction expert
• Police Report: An officer may have written a report of your accident

Some evidence may be in the hands of the defendant, and they are certainly not going to give it to you to make it easier to sue them. You may need to file a lawsuit against the defendant, where you can request the evidence as part of the discovery process. This proof may be exactly what you need to persuade a jury to pay you or the defendant to be more reasonable in settlement negotiations.

Comparative Fault in a Premises Liability Case

One common tactic that the insurance company uses is to blame you for the accident in some form or fashion. Oklahoma uses the law of modified comparative negligence in premises liability cases. If you were more than 50% to blame for the accident, you would be barred from seeking financial compensation entirely. If you were less than half to blame for what happened, you may seek compensation, but it would be reduced by the amount of fault that you bear. Accordingly, the insurance company may try to find a way to scapegoat you for what happened, knowing that it could reduce their overall Financial liability.

Oklahoma Dog Bite Laws

Dog bite cases are common premises liability claims that are filed against a homeowner’s insurance policy. It doesn’t matter where the dog bit you, whether it was on private or public property. Oklahoma uses the law of strict liability for dog bite cases. The mere fact that the dog bite happens means that you would receive compensation for your injuries unless the owner can prove a defense that shows why they should not pay you. There is no obligation whatsoever to prove negligence on the part of the dog owner, and the one-free-bite legal theory does not apply to your case.

Compensation in an Oklahoma Premises Liability Case

When you are able to prove that a defendant was to blame for your premises liability injuries, they must pay you full compensation for all the harm that they have caused you. Even if liability in your case is readily apparent, you would still need to battle for full compensation.

Elements of your premises liability compensation may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Emotional distress

There is a possibility that you may qualify for punitive damages if the defendant’s conduct was extremely careless or reckless. However, punitive damages are relatively rare in a personal injury case (though they are still possible).

It is crucial to know the value of your case before you file a claim. The insurance company has this exact information, and they will use it to their advantage if you do not understand how much your case is worth. Estimating the value of your damages is one of the first tasks that a premises liability attorney will perform for you once you hire them.

The insurance company never wants to pay you full compensation for your injuries. They may only come to a reasonable settlement agreement after a premises liability attorney puts a considerable amount of pressure on them. If the insurance company still refuses to pay you everything you deserve, you have every legal right to take your case to a jury and let them decide the matter.

Statutes of Limitations in an Oklahoma Premises Liability Case

Oklahoma law imposes a time limit for you to file a claim or lawsuit for a premises liability injury. You have two years from the time that you were injured or should have known that you were injured to file a claim or lawsuit. If you miss this deadline, you will lose the right to seek financial compensation entirely. It does not matter whether you were attempting to negotiate compensation with the insurance company in the meantime. If you do not sue within two years, your lawsuit will be time-barred, and you will not be able to receive a settlement check.

How to Find an Oklahoma Premises Liability Attorney

Even though you are dealing with your injuries, you need to keep your eye on the legal process. One of the first things that you should do is schedule an appointment with one or more premises liability attorneys to discuss your case with them in a free consultation.

The first thing to look at is the potential relationship with your lawyer. You should hire a lawyer with a reputation for excellent client service, and you can base your own judgment on how the attorney speaks and deals with you during the initial consultation.

Then, your attorney’s experience is critical to your case. Although your attorney should have experience handling larger cases, you also want a lawyer who takes every case seriously, no matter its size. In addition, you also need a premises liability lawyer who has handled cases similar to yours.

Contact an Oklahoma Premises Liability Lawyer Today

If you have been injured in a premises liability accident, you may have a legal right to payment for what happened to you. The premises liability lawyers at Nix Patterson go the extra mile for our clients, stopping at nothing to put you in the best position to succeed in your case.

It is essential that you get legal help immediately because the insurance company may already be going to work against you. Reach out to us online or call us today at 512-328-5333 to schedule a consultation with one of our attorneys. And remember, you won’t pay anything unless we win.