Premises liability law may allow a person injured on someone else’s property to seek compensation when a dangerous condition or other negligent conduct contributed to the injury. Common examples include slip and fall accidents caused by wet floors, unsafe walkways, poor lighting, inadequate maintenance, or other hazards that a property owner or occupier may have been responsible for addressing.
Whether a property owner or another party is legally responsible depends on the circumstances, including why the hazard existed, whether the responsible party knew or should have known about it, and whether the condition caused the injury. Evidence such as photographs, witness statements, incident reports, medical records, and surveillance footage can help establish what happened.
The Law Offices of Jeff Martin represents clients in Tulsa and throughout Eastern Oklahoma.
Written by Jeff Martin, Attorney, Law Offices of Jeff Martin
What Are the Common Causes of Slip and Fall Accidents?
Common causes of slip and fall accidents include wet or slippery floors, loose mats or flooring, objects left in walkways, poor lighting, uneven surfaces, and other conditions that create a foreseeable risk of slipping or tripping.
- Spills on the walkway. Wet floors can cause a slipping hazard in any environment.
- Loose walkway materials. Loosened carpet, rugs, and other floor mats can catch your foot when you’re walking, or they can move when stepped on, creating the risk of a fall.
- Objects left in the walkway. Any number of objects left sitting in a walkway create a tripping hazard for passersby.
- Poor lighting. If you can’t see where you’re stepping, you’re at an increased risk of tripping, slipping, and/or falling.
Who is Responsible for a Slip and Fall Accident?
Responsibility for a slip and fall accident depends on the facts of the case, including who controlled the property, what caused the hazard, whether the responsible party knew or should have known about the condition, and whether the condition caused the injury.
For example, slips and falls that occur while an individual is trespassing are typically not enough to hold the property liable. A property owner’s or occupier’s responsibility can depend on whether the injured person was lawfully on the property and whether the owner or occupier had a duty to address the dangerous condition under the circumstances.
Building-code violations or other safety violations may be relevant evidence in some premises liability cases, but a violation does not automatically establish liability. The significance of a code violation depends on the facts and applicable law.
Because liability depends on the specific facts and evidence, an attorney can help evaluate whether a property owner or another party may be legally responsible for the accident.
What Oklahoma Laws Apply to Premises Liability Claims?
Oklahoma premises liability claims depend in part on the legal status of the person on the property and the duty owed by the property owner or occupier under the circumstances. The facts of the accident, the condition that caused the injury, and the relationship between the injured person and the property may all affect whether a claim exists.
Oklahoma also follows comparative negligence rules in which an injured person’s own negligence can affect the amount recovered. Under 23 O.S. §§ 13 and 14, contributory negligence generally does not completely bar recovery unless the injured person’s negligence is greater than the negligence of the person or persons causing the damage, and recovery is reduced in proportion to the claimant’s negligence.
How Much Is a Slip and Fall Settlement Worth?
There is no standard settlement amount for a slip and fall or other premises liability claim. The potential value of a case depends on factors such as the severity of the injury, medical expenses, lost income, future losses, pain and suffering, available insurance coverage, evidence of liability, and the circumstances of the property condition.
A case involving a minor injury may have very different damages from one involving a serious or permanent injury. The value of a specific claim should be evaluated using the evidence and losses involved in that case.
- Medical bills
- Lost wages
- Future loss of wages
- Pain and suffering
- uneven surfaces
- inadequate maintenance
You should also keep in mind that, depending on your specific situation, additional claims may be made beyond the common costs listed above.
How Do I Choose a Slip and Fall Accident Lawyer in Tulsa?
When choosing a slip and fall accident lawyer in Tulsa, consider the attorney’s experience handling premises liability claims, knowledge of Oklahoma law, ability to investigate the property’s condition, and experience evaluating injuries, damages, and insurance issues.
Reviewing the facts of the accident, the condition of the property, and the available evidence can help determine whether a premises liability claim may exist and what issues may affect the claim.
Contact Us ASAP – Our experienced premises liability attorneys can help evaluate the circumstances of your accident, explain your legal options, and pursue the compensation that may be available under Oklahoma law.
FAQs
Common premises liability cases include slip and fall accidents, injuries caused by dangerous or defective property conditions, inadequate security claims, dog-bite injuries, and certain swimming pool or elevator accidents. Whether a particular incident gives rise to a premises liability claim depends on the facts, the person's legal status on the property, the condition that caused the injury, and the duty owed by the property owner or occupier.
Common examples include wet or uneven walking surfaces, hazardous property conditions, inadequate security in appropriate circumstances, dog attacks, and unsafe or poorly maintained equipment or recreational areas.
Premises liability in Oklahoma generally depends on the duty owed by the property owner or occupier, whether that duty was breached, whether the dangerous condition caused the injury, and whether the claimant suffered legally compensable damages. Evidence may include photographs, witness statements, surveillance footage, incident reports, maintenance records, inspection records, and other documentation concerning the property's condition.
A property owner's duty can vary based on the injured person's status on the property and the circumstances surrounding the hazard. Oklahoma case law recognizes different duties toward trespassers, licensees, and invitees.
Premises liability can involve injuries caused by dangerous conditions on property, including slips and falls, defective walkways, inadequate security, certain dog attacks, swimming pool incidents, and other property-related hazards. Whether a claim exists depends on the facts of the incident and the legal duty owed by the property owner or occupier.
A visitor's legal status can affect the duty a property owner or occupier owes under Oklahoma premises liability law. Oklahoma recognizes categories including invitees, licensees, and trespassers, and the duties associated with those categories can differ.
For example, an invitee may be owed a duty of reasonable care concerning dangerous conditions that the owner knew or should have known about, while different rules can apply to licensees and trespassers. The specific duty must be evaluated based on the circumstances of the visit and the condition that caused the injury.
Depending on the circumstances, damages in a premises liability case may include medical expenses, lost income, pain and suffering, property damage, and other legally recoverable losses. The damages available depend on the nature and severity of the injury, the losses supported by the evidence, and the applicable law.
A serious or permanent injury may involve different damages from a temporary or minor injury.
The deadline for filing a premises liability lawsuit in Oklahoma depends on the type of claim and the circumstances of the case. Oklahoma's general limitation statute is found in 12 O.S. § 95, but different rules or exceptions can apply depending on the claim and the parties involved.
Because missing an applicable filing deadline can affect your legal rights, the specific deadline should be confirmed promptly rather than relying on a general two-year assumption.
If you are injured on someone else's property, seek appropriate medical care, report the incident to the property owner or manager when appropriate, document the condition that caused the injury, and preserve relevant evidence. Photographs, witness information, incident reports, medical records, and copies of communications may help document what happened.
Avoid discarding damaged items or altering the accident scene when it is reasonably possible to preserve evidence safely. Keep records of medical expenses, lost income, and other losses related to the injury.
Yes, Oklahoma law may allow a person injured by a dog to seek damages from the dog's owner when the statutory requirements are met. Under 4 O.S. § 42.1, the owner of a dog is liable for damages when the dog, without provocation, bites or injures a person who is in or on a place where that person has a lawful right to be.
The circumstances of the incident, including whether the person was lawfully present and whether the dog was provoked, can affect the claim.
A premises liability attorney can investigate the accident, identify the potentially responsible party, gather evidence concerning the property's condition, evaluate injuries and damages, communicate with insurers, and pursue available legal remedies when the evidence supports a claim.
Relevant evidence may include photographs, witness statements, surveillance footage, incident reports, maintenance records, and medical documentation.
