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Personal Injury

Premises Liability Attorney in Oklahoma

Property owners have a legal duty to keep their premises safe. When they fail—and you're injured—we hold them accountable. From slip and fall accidents to negligent security, we fight for full compensation.

Key Takeaways

  • Document immediately: Photograph the hazard before it's fixed or cleaned
  • 2-year deadline: Oklahoma's statute of limitations (shorter for government property)
  • Visitor status matters: Invitees get the most protection, trespassers the least
  • "Should have known" is key: We prove the owner knew or should have discovered the hazard

Types of Premises Liability Cases

We handle the full spectrum of property injury cases:

Slip and Fall Accidents

Wet floors, uneven surfaces, ice accumulation, debris, spilled liquids, and missing handrails

Negligent Security

Inadequate lighting, broken locks, lack of security personnel, failure to screen dangerous individuals

Hazardous Conditions

Broken stairs, defective elevators, exposed wiring, falling objects, structural defects

Inadequate Maintenance

Potholes, cracked sidewalks, malfunctioning doors, missing warning signs, rotted flooring

Visitor Status: The Foundation of Your Case

Oklahoma law categorizes visitors differently, and your status determines the property owner's duty of care:

Invitee (Highest Protection)

Who: Customers, clients, business visitors—anyone invited for the owner's commercial benefit.

Duty: Property owners must actively inspect for hazards, repair dangerous conditions, and warn of any risks they know or should know about through reasonable inspection.

Licensee (Moderate Protection)

Who: Social guests, friends, family members entering with permission but not for owner's business benefit.

Duty: Owners must warn of known hazards that the guest is unlikely to discover. No duty to inspect for unknown hazards.

Trespasser (Minimal Protection)

Who: Anyone on property without permission or legal right.

Duty: Owners must not intentionally harm trespassers or create traps. Exception: Higher duty owed to child trespassers under the "attractive nuisance" doctrine (swimming pools, construction sites).

Proving Premises Liability

The most contested issue: proving the owner knew or should have known about the hazard. We build your case with:

Surveillance Footage

We demand footage before it's overwritten—typically within 30-60 days. Shows how long hazard existed and if employees passed by.

Inspection Logs

Stores must inspect regularly. Gaps in logs or falsified entries prove negligence. We subpoena all maintenance records.

Incident Reports

Prior complaints or injuries prove the owner was on notice. Pattern of similar incidents is powerful evidence.

Employee Testimony

Depositions reveal inspection schedules, training deficiencies, and whether staff knew about the hazard.

Expert Witnesses

Safety engineers testify about industry standards, what reasonable property owners do, and how the hazard should have been addressed.

Photographs & Physical Evidence

Photos of the hazard, your shoes, the scene—all preserved before conditions change. Critical for reconstruction.

Common Premises Liability Locations

Injuries happen everywhere, but some locations present unique liability issues:

Grocery Stores

Spilled produce, wet floors, falling items

Restaurants

Grease floors, spilled drinks, broken furniture

Parking Lots/Garages

Potholes, inadequate lighting, poor security

Hotels

Wet pool areas, broken stairs, assault

Apartment Complexes

Broken locks, negligent security, defective conditions

Construction Sites

Falling objects, exposed hazards, machinery

Damages in Premises Liability Cases

Falls and property injuries can cause devastating, life-changing harm:

Economic Damages

  • Medical bills (ER, surgery, rehab, ongoing care)
  • Lost wages during recovery
  • Lost earning capacity (permanent disability)
  • In-home care needs
  • Assistive devices (wheelchair, walker)
  • Home modifications

Non-Economic Damages

  • Physical pain and suffering
  • Emotional distress and PTSD
  • Loss of enjoyment of life
  • Disfigurement and scarring
  • Loss of independence
  • Fear of falling / anxiety

Hip Fracture Reality: Hip fractures from falls are devastating for elderly victims. Studies show 30% mortality within one year, and many survivors lose independence permanently. These cases often involve substantial damages for lost quality of life.

Oklahoma Premises Liability Law

Key Oklahoma rules that affect your case:

Modified Comparative Negligence

You can recover if you were less than 50% at fault, but damages are reduced by your percentage of fault. Defense will argue you should have watched where you were walking.

23 O.S. § 13

Open and Obvious Doctrine

Property owners may argue a hazard was 'open and obvious' and you should have avoided it. We counter that obviousness doesn't always eliminate duty, especially if injury is foreseeable.

Case law application

Governmental Tort Claims Act

Claims against government entities (city, county, state) require written notice within 30-180 days. 1-year suit deadline. Strict compliance required.

51 O.S. § 156

Landlord Liability

Landlords can be liable for injuries in common areas (hallways, parking lots, pools) and for known defects in rental units they fail to repair.

41 O.S. § 118

Frequently Asked Questions

Premises liability is the legal principle that property owners and occupiers must maintain reasonably safe conditions for visitors. When they fail, and someone is injured, the property owner can be held liable for negligence. This includes slip and falls, negligent security, inadequate maintenance, and hazardous conditions.
Oklahoma's statute of limitations is 2 years from the date of injury for most premises liability claims. For claims against government entities (city parks, public buildings), you have only 1 year and must file a written notice within 30-180 days depending on the entity. Missing these deadlines bars your claim forever.
You must prove: (1) the property owner had a duty to maintain safe conditions, (2) a dangerous condition existed, (3) the owner knew or should have known about the hazard, (4) the owner failed to fix or warn about the hazard, and (5) that failure caused your injury. The 'knew or should have known' element is often the most contested.
Possibly. A warning sign doesn't automatically absolve the property owner. Courts consider: Was the sign visible? Was the placement adequate? Was there a safer alternative? Could the hazard have been eliminated entirely? If the warning was inadequate or the hazard unreasonable, you may still have a case.
Negligent security is a form of premises liability where property owners fail to provide adequate security measures, allowing foreseeable criminal acts. Common examples: inadequate lighting in parking garages, broken locks on apartment doors, no security at high-crime locations, or failing to screen employees who harm visitors.
Yes, though it may feel uncomfortable. In most cases, your friend's homeowner's insurance pays—not your friend personally. Social guest injuries often involve: dog bites, swimming pool accidents, unsafe stairs, or deck collapses. Insurance exists precisely for these situations.
Oklahoma's comparative negligence rule applies. You can recover damages if you were less than 50% responsible, but your recovery is reduced by your percentage of fault. If you were 25% at fault (e.g., distracted by phone), you recover 75% of damages. Insurance companies aggressively assign fault to victims.
Report the incident to the property owner or manager and request they document it. Photograph the hazard before it's cleaned up. Get witness contact information. Seek medical attention immediately. Keep the shoes you were wearing—they're evidence. Don't give recorded statements to insurance without an attorney.
Yes, if the store knew or should have known about the hazard. Factors include: How long was the water there? Did employees have a reasonable inspection schedule? Were entrance mats provided? Was the weather condition obvious (rain)? Store surveillance footage often proves critical in these cases.
You can recover: medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, disfigurement, and disability. In negligent security cases involving sexual assault or severe criminal acts, damages for psychological trauma can be substantial.
Generally, yes. Commercial property owners who invite customers (invitees) owe the highest duty: to inspect, discover, and repair or warn of hazards. Private homeowners owe lesser duties to licensees (social guests). Trespassers receive the lowest protection—though even they can't be intentionally harmed.
We prove constructive notice through: inspection logs showing inadequate inspections, employee testimony about routine hazards, prior complaints or incidents, violation of industry standards, or the hazard existing long enough that reasonable inspection would have discovered it. A grape on the floor for 5 minutes differs from one there for 5 hours.

Injured on Someone Else's Property?

Property owners have a duty to keep their premises safe. When they fail, you deserve compensation. We investigate thoroughly and fight aggressively.

No Fee Unless We Win

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