Oklahoma Government Tort Claims Act

Before you can sue an Oklahoma government entity — a city, county, school district, or the state — you must first file a tort claim notice. Missing this step will bar your case.

What Is the GTCA?

The Oklahoma Governmental Tort Claims Act (51 O.S. § 151 et seq.) waives the state's sovereign immunity for certain tort claims, allowing individuals to sue state and local government entities for injuries caused by their employees acting within the scope of employment. However, the Act imposes strict procedural requirements and significant limitations on recovery.

The Notice Requirement

Critical Deadline

You must file a written tort claim notice within one (1) year of the date the loss occurs.

State Claims

File with the Office of Management and Enterprise Services

City / County Claims

File with the clerk of the governing body

Failure to file proper notice within the deadline bars your claim entirely.

What the Notice Must Include

The name and address of the claimant

The date, time, place, and circumstances of the claim

The name of the state agency or political subdivision involved

The amount of compensation the claimant demands

Any other information relevant to the claim

After Filing the Notice

The government entity has 90 days to approve or deny the claim.

If the claim is denied — or if 90 days pass without a response — you may file suit in Oklahoma district court within 180 days of the denial or expiration of the 90-day period.

Damages Caps

👤

$175,000

Per Person

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$1,000,000

Per Occurrence (Aggregate)

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$25,000

Property Loss Per Occurrence

These caps apply to state-law GTCA claims only. Federal civil rights claims (such as Section 1983) are not subject to GTCA caps — which is why many cases involving government misconduct are brought in federal court.

Exemptions

The GTCA does not apply to all government conduct. The Act includes over 30 exemptions (51 O.S. § 155), including claims arising from:

Legislative, judicial, or quasi-judicial functions

Discretionary functions (policy decisions)

Snow and ice removal on public roads (with certain exceptions)

Certain law enforcement activities

Whether an exemption applies to your case requires careful legal analysis.

Key Takeaway

The GTCA is a trap for the unwary. Missing the one-year notice deadline, filing with the wrong entity, or failing to include required information will bar your claim permanently. If you have a potential claim against a government entity, consult an attorney immediately.