Hasbrook & Hasbrook Personal Injury Lawyers handle premises liability cases across Oklahoma. At intake, two questions shape everything downstream: the client’s visitor status on that property and how much time-sensitive evidence can still be preserved. This checklist covers both, with separate tracks for invitees, licensees, trespassers, dog-bite claimants, and attractive nuisance situations.
Why preparation before the consultation changes outcomes
Premises liability cases are often decided before discovery begins. The hazard may have been repaired the same day; surveillance footage at retail and commercial locations commonly overwrites within 24 to 72 hours; and an incident report prepared by the property owner may be the only contemporaneous record of notice. A client who waited several days to call may have already forfeited the most probative evidence. Knowing what to ask before the client arrives lets you act during intake rather than chasing records afterward.
Visitor status and intake questions by category
Oklahoma law assigns different duties of care based on why the person was on the property. Identifying the correct classification determines which duty standard applies and which defenses are most likely. The property owner liability FAQ covers how Oklahoma courts apply each standard.
An invitee enters with express or implied invitation for a purpose connected to the owner’s business or land. The owner owes the highest duty: reasonable inspection, discovery, and correction of hazardous conditions. At intake, confirm the business relationship or public invitation, ask about posted warnings, and obtain any incident report. The slip and fall intake checklist covers retail invitee questions; the Oklahoma City premises liability lawyer page covers the broader duty framework.
A licensee enters with permission for personal purposes, such as a social guest. The owner owes only a duty to warn of known concealed hazards; there is no duty to inspect or discover unknown conditions. At intake, ask what the owner knew about the condition and whether any warning was given before or at entry.
A trespasser enters without permission. Adult trespassers receive only protection from willful or wanton injury. The attractive nuisance doctrine applies a separate standard for child trespassers, covered below.
Documents to gather before the first meeting
Ask the client to bring whatever they have to the consultation. Missing documents at intake delay the demand letter.
- Incident report or complaint form prepared by the property owner or manager
- Medical records and bills from the date of injury forward
- Photographs or video taken at the scene
- Written or electronic communications with the owner or their insurer
- Witness names and contact information
- Health insurance information and known liens
For multi-unit residential properties, obtain the lease agreement. Landlord liability for common area injuries in Oklahoma covers how maintenance provisions affect the owner’s duty of care.
Preserving evidence from the scene
Dispatch a written preservation demand to the property owner within 24 hours of the initial call. Identify the security system vendor and confirm whether footage records on a rolling overwrite cycle.
The slip and fall evidence preservation checklist includes a demand template for common venue types. The security camera footage FAQ explains retention practices at retail, apartment, and commercial locations. For the notice proof analysis, the notice proof documentation guide covers actual and constructive notice arguments under Oklahoma law.
Dog bites and attractive nuisance: separate intake tracks
If the claim involves a dog bite, keep the statutory theory separate from any general negligence framing. Under 4 O.S. § 42.1, an owner is strictly liable when a dog bites a person in a public place or lawfully on private property. Prior bite history is not an element of the statutory claim. Confirm where the bite occurred and whether the client had permission to be on that property. For child bite cases, see what to do after a dog bites your child in Oklahoma. The full § 42.1 framework is on the Oklahoma City dog bite lawyer page.
Attractive nuisance claims arise when a child trespasser is injured by a dangerous artificial condition on the owner’s property. The child’s trespasser status does not bar the claim. At intake, confirm the child’s age, the nature of the condition, whether children are foreseeably attracted to it, and whether eliminating or guarding the hazard was practical relative to the risk.
Deadlines and comparative fault
Under 12 O.S. § 95, the limitations period for premises liability personal injury claims is two years from the date of injury. Government-owned property adds urgency: Governmental Tort Claims Act notice requirements can shorten the effective window materially. Flag government ownership at intake.
Under 23 O.S. § 13, recovery is barred if the plaintiff’s fault exceeds the defendant’s. The plaintiff can still recover as long as their share of fault is less than 50%. At intake, identify client conduct the defense would frame as contributory: inattention, improper footwear, or ignoring a visible warning. Comparative fault in Oklahoma slip and fall cases covers the defenses property owners raise most frequently.
What happens after intake
After completing intake, the immediate tasks are the preservation demand, medical records authorization, and confirming the property owner’s insurance carrier. For large retailers or multi-location operators, identify the correct legal entity before drafting the demand. The demand letter structure guide covers the elements for a premises liability demand letter. If the claim has a negligent security component, the negligent security issue spotter covers the additional theory questions to resolve before filing.
