In Oklahoma, property owners and occupiers have a legal obligation to ensure their premises are reasonably safe for visitors. This is known as “premises liability,” and it means that if someone is injured on your property due to unsafe conditions, you could be held legally responsible. Whether you own a home, run a business, or occupy any property, it’s important to understand the scope of your legal duties and the potential consequences if these duties are breached.
Premises liability law covers a broad range of scenarios where someone may get injured on another person’s property. This can include slip-and-fall accidents, dog bites, structural defects, poor lighting, and more. In Oklahoma, premises owners and occupiers must maintain their properties to reduce the risk of injury to visitors, but the extent of that responsibility depends on the relationship between the property owner and the visitor.
Oklahoma recognizes three types of visitors, and the legal duty owed to each category varies:
- Invitees
An invitee is someone who is on the premises for the benefit of the property owner, such as a customer at a store. In these cases, the property owner owes the highest duty of care. This means they must regularly inspect the property for hazards, fix any dangerous conditions, and provide adequate warnings if necessary.
- Licensees
Licensees are individuals who are on the property for their own purposes, such as social guests. Owners must warn licensees of any known dangers that are not obvious, but they are not generally required to inspect for hidden hazards.
- Trespassers
Property owners generally owe no duty to trespassers, except to refrain from willful or wanton harm. However, if the property owner knows of frequent trespassing or if there’s an attractive nuisance (such as a swimming pool that might attract children), the duty of care may increase.
To successfully hold a property owner liable for injuries under Oklahoma’s premises liability laws, the injured party must first establish which of the three visitor categories applies to them. Then that injured person must successfully argue the following:
- Ownership or Control of the Property: The defendant must be the owner or the person in control of the property where the injury occurred.
- Negligence: The injured party must show that the owner or occupier was negligent in maintaining or inspecting the property, or in failing to warn visitors of a known danger.
- Causation: It must be established that the unsafe condition on the property directly caused the injury.
- Damages: The injured party must provide evidence of the harm they suffered, which can include medical bills, lost wages, or pain and suffering.
Oklahoma law allows property owners to present several defenses in premises liability cases. One common defense is that the injured person was partially responsible for their injury. Oklahoma follows the “modified comparative negligence” rule, which means that if the injured person is found to be more than 50% at fault for their injury, they cannot recover damages. If they are 50% or less at fault, their compensation may be reduced by their percentage of fault.
For example, if a person trips on a broken step but was also distracted by their phone, a court may find that they share responsibility for their injuries, potentially reducing any damages awarded.
Practical Steps Property Owners Can Take to Prevent Liability
To minimize the risk of premises liability claims, property owners in Oklahoma should take the following steps:
- Regular Inspections: Conduct routine inspections of the property to identify potential hazards and address any issues promptly.
- Post Warnings: If there are temporary hazards, such as wet floors, use clear signage to warn visitors.
- Fix Defects: Ensure that any structural issues, such as broken steps, uneven sidewalks, or faulty lighting, are repaired as soon as possible.
- Keep Records: Maintain documentation of property inspections, repairs, and any warnings provided to visitors to help defend against potential claims.
Premises liability law in Oklahoma places a significant responsibility on property owners and occupiers to ensure their premises are safe for visitors. Failure to meet this duty can result in legal consequences, including financial liability for injuries. If you or someone you know has been injured due to unsafe conditions on someone else’s property, our attorneys at Bison Law Firm can help you understand your rights and options.
Mark Van Paasschen
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