How Can an Oklahoma City Premises Liability Lawyer Help?
Both state statutes and local ordinances govern premises liability law. At the state level, Oklahoma has adopted comparative negligence principles for personal injury cases, allowing injured plaintiffs to recover damages even if they were partially at fault. Oklahoma laws recognize differing duties of care owed to invitees, licensees, and trespassers.
Legal Obligations of Property Owners
Oklahoma City homeowners and businesses must exercise reasonable care to keep people safe on their property. This includes inspecting for any dangerous conditions and promptly repairing any hazards. Businesses must also provide adequate security measures, such as exterior lighting in parking lots and secured entryways.
This also requires proper maintenance. Businesses must keep floors free of slipping hazards, ensure stairs have grip tape and handrails, and remove any tripping dangers. Warning signs or barricades must also be used to alert people of any known dangers.
Owners must anticipate foreseeable dangers. Defendants who fail to take reasonable precautions to protect those lawfully on their premises can be held liable for any injuries suffered or damages that occur.
Differentiating Between Invitees, Licensees, and Trespassers
The duty of care owed to someone injured on the property depends on why that person is on the premises. There are three main classifications for premises liability claims: invitee, licensee, and trespasser.
Invitees
An invitee has been invited onto the person’s property for the property owner’s benefit. For example, customers at a store are invitees. Invitees are owed the highest duty of care. Businesses, like Walmart or grocery stores, must inspect their property for any hidden dangers and either fix the condition or warn invitees about it. Spills at a store create an unreasonable risk to the customers. Oklahoma courts have consistently held that it is reasonable for customers to walk while looking around at what they’re shopping for instead of staring at the floor constantly.
Licensees
A licensee comes onto the property for their own benefit. For example, a door-to-door salesperson is a licensee. The property owner must only warn of known dangers on the property. Taking the salesperson example, a homeowner could face a lawsuit if they knew their front porch steps were broken and the salesperson was injured from stepping through the porch.
Trespassers
A trespasser comes onto private property without the property owner’s permission. Owners are only required to refrain from deliberately injuring trespassers. If a trespasser is injured, the property owner is generally not liable unless they intentionally harmed the trespasser. For example, a landowner will likely be held liable for setting a dangerous trap in an area where people cut across their yard.
How Classifications Impact Claims
An invitee is more likely to recover damages since they are owed the highest duty of care. A trespasser will likely have the most difficulty recovering damages since property owners owe them almost no duty of care. Consulting an injury attorney can help determine what classification fits your situation and how that impacts your ability to recover compensation and file a full liability claim.
Understanding Negligence in Premises Liability Cases
Negligence in premises accident cases refers to a failure to exercise reasonable care that injures another person. To establish negligence in a premises liability accident claim, the injured person must show that:
- The property owner owed them a duty of care
- The property owner breached this duty of care
- The breach of duty directly caused the injury
- The injury led to demonstrable damages
Element 1 concerns which category the injured person falls into invitee, licensee, or trespasser. An invitee is owed the highest duty of care.
Element 2 concerns what the defendant did wrong. The store must regularly inspect the premises for hazards and ensure the property is “reasonably” safe. It is foreseeable that a customer may spill something at a grocery store. It’s also foreseeable that a different customer may slip and fall in the spill if it is not cleaned up in a reasonable amount of time.
Other examples of a property or business owner breaching their duty of care are failing to repair known hazards, not placing warning signs, insufficient lighting, ignoring building code violations, etc.
Element 3 concerns “causation.” The defendant’s actions (or inactions) directly caused the accident and subsequent personal injury. For example, a grocery store should be held liable if wet floor signs are absent and a person slips and falls in a puddle from the store’s leaky water fountain.
Element 4 shows proof of personal injury damages. There must be evidence of physical, emotional, or financial harm. Pictures of injuries, medical reports, physical therapy costs, and lost wages help injury victims prove damages.
Proving Negligence (Protecting Your Case Early On)
Some tips for proving negligence in a premises liability claim include:
- Photographing the hazardous conditions
- Interviewing witnesses who saw the accident
- Requesting surveillance footage immediately
- Obtaining the owner’s inspection and maintenance records
- Consulting building codes to identify violations
Your Oklahoma premises liability attorney can utilize these investigative strategies to establish a valid claim. The more evidence available, the stronger the injured person’s claim will be. Victims can recover the financial compensation they deserve with proof the injury occurred due to the property owner’s unreasonable conduct.
What To Do After a Premises Liability Accident
Being injured in an accident can be traumatic, but taking action immediately is important to protect your legal rights. Here are some steps to take after suffering an injury on someone else or insurance company’s property in Oklahoma City:
Seek Medical Attention
Your health should be your priority. Even if you don’t think you were seriously injured, get checked out by your doctor as soon as possible. Some injuries, especially back or neck pain, don’t show symptoms until hours or days later. The medical record from your doctor visit can serve as vital evidence if you pursue a premises liability injury claim.
Document the Accident Scene
If possible, take photos of the hazardous condition that caused your injury. This could be a wet floor, uneven pavement, a defective staircase, or something sticking out in the shopping aisle. Photograph any visible injuries as well. If there are witnesses present, get their contact information.
Report the Incident
Alert the other property owner or manager about the dangerous conditions on their premises. Ask them to preserve any surveillance footage that may have captured your accident. If the accident happened at a business, fill out an incident report.
Consult a Premises Liability Attorney
Contact an experienced premises liability lawyer as soon as you can after the accident. Your attorney can conduct a thorough investigation, preserve evidence, seek compensation for medical expenses and lost income, negotiate with insurance companies, and file a lawsuit on your behalf. They can also advise you on any Oklahoma statute of limitations issues for legal action.
Having a law firm and trusted legal counsel in your corner can make all the difference in getting full and fair compensation for your injuries, lost wages, and other damages resulting from the property owner’s negligence.
Don’t delay taking these necessary steps to recover compensation after a serious injury or premises liability accident. Protect your health and legal rights quickly and seek experienced legal representation.
Filing a Premises Liability Claim in Oklahoma City
Filing a premises liability claim in Oklahoma City requires careful preparation and understanding of the legal process:
1. Document the Accident
If you are injured in an accident on someone else’s property, gathering as much evidence and documentation as possible is crucial. Take photographs of the hazardous condition that caused the accident, and get contact information for any witnesses. Save any related receipts or invoices, and make sure to get medical records that show your injuries.
2. Consult a Premises Liability Attorney
An experienced premises liability attorney can evaluate your case and determine the best legal strategies. They can handle communications with the defense law firm and insurance companies, ensuring time-sensitive paperwork is filed correctly. Given the specifics of your premises liability case, an attorney can advise you on a fair settlement amount.
3. Send a Demand Letter
After medical treatment is completed, but before filing a lawsuit, sending the property owner a demand letter is advisable. This letter should identify the date and location of the accident, the hazardous condition that caused it, the nature of your injuries, and a demand for compensation. Sending a demand letter gives the property owner a chance to settle before more formal legal action is taken.
4. File the Lawsuit
The next step is filing a premises liability lawsuit if a settlement cannot be reached. This is a formal legal complaint filed in Oklahoma County District Court. The lawsuit initiates the litigation process, so it is essential to have an attorney to ensure it is drafted and filed correctly. There are strict deadlines, so filing the lawsuit before the statute of limitations expires is essential.
5. Engage in Discovery
During discovery, both sides exchange relevant information through requests to produce documents, interrogatories, depositions, and other evidence collection. An attorney can use discovery to build the strongest case possible and uncover any weaknesses on the defense side.
6. Attempt Settlement Negotiations
Even after a lawsuit is filed, most premises liability cases are settled out of court through attorney negotiations. Depending on the liability insurance company, a more experienced adjuster is assigned when a claim becomes a lawsuit. This adjuster generally has more “settlement authority” to resolve a claim.
7. Go to Trial
If no settlement is reached, the case will go to trial before a judge or jury. Most Oklahoma personal injury cases are tried before a jury.
Statute of Limitations: Deadline to File
In Oklahoma, you generally have two years from the date of the injury to file a premises liability lawsuit. There are exceptions, so consult an attorney to ensure you do not miss the deadline. The statute of limitations is shortened if the defendant is a governmental entity.
The Role of a Premises Liability Lawyer in Your Case
Hiring a premises liability lawyer can significantly improve your chances of obtaining fair compensation if you have been injured in an accident on someone else’s property in Oklahoma City. An experienced attorney or law firm understands the complex legal framework surrounding premises’ liability accidents and claims and can guide you through each step of the process.
One of the most important things a serious premises liability claim lawyer will do is to investigate your premises liability claim thoroughly. They will visit the accident scene, interview witnesses, gather evidence, and consult with experts to build the most robust case possible.
Your attorney can deal with the insurance companies on your behalf. The insurance company adjusters represent the interests of the property owner or business, not you. An attorney levels the playing field and negotiates for full and fair compensation for your injuries and other losses.
Most premises liability lawyers offer free consultations and work on a contingency fee basis. This means you pay nothing upfront; the attorney only gets paid if you receive compensation. Look for an Oklahoma City Premises Liability Lawyer who offers a “no win, no fee, free consultation, no financial compensation” guarantee.
Hiring a premises liability attorney is the best way to protect your rights after an accident on someone else’s property. Their expertise and advocacy can make all the difference in recovering damages for your injuries, lost wages, pain and suffering, and other losses.
FAQS
What is premises liability?
Premises liability refers to a legal doctrine that holds property owners or occupiers responsible for the injuries suffered by individuals on their property due to unsafe or dangerous conditions.
What are some common types of premises liability claims?
Common types include slip and fall accidents, inadequate security, dog bites, swimming pool accidents, elevator and escalator accidents, and negligent property maintenance.
Why should I hire an Oklahoma City premises liability lawyer?
Hiring an injury attorney can be beneficial because they have the experience and knowledge to navigate through the complexities of premises liability law in Oklahoma. They can help you gather evidence, negotiate with insurance companies, and fight for the compensation you deserve, giving you the best chance at maximizing your claim.
How do I prove premises liability in Oklahoma?
You must prove that the property owner or occupier owed you a duty of care. They breached that duty by failing to maintain safe conditions; the unsafe conditions caused your injury, and you suffered damages.
What should I do if I’ve been injured on someone else’s property in Oklahoma?
If you’ve been injured on someone else’s property in Oklahoma, it is important to seek medical attention immediately. You should also document the accident scene, gather evidence such as photographs or witness statements, report the incident to the property owner or manager, and consult an Oklahoma premises liability lawyer to understand your legal rights and options.
Can I file a premises liability lawsuit in Oklahoma even if I am partially at fault for the accident?
Yes, you may still be able to file a premises liability lawsuit in Oklahoma, even if you are partially at fault for the accident. Oklahoma’s premises liability laws follow a modified comparative negligence system, which means that your percentage of fault will reduce your damages. However, if you are found to be more than 50% at fault, your plaintiff’s verdict will be reduced to zero.
How long do I have to file a lawsuit for premises liability in Oklahoma?
In Oklahoma, you generally have two years from the accident date to file a premises liability lawsuit. It is essential to consult with an Oklahoma premises liability attorney as soon as possible to ensure you meet all necessary deadlines. Governmental torts, an injury at the Will Rogers Airport, for example, require a claim to be presented within one year of the injury.
What compensation can I recover in a premises liability lawsuit in Oklahoma?
The compensation you can recover in a premises liability lawsuit in Oklahoma includes medical expenses, lost wages, pain and suffering, disability or disfigurement, property damage, and any other losses directly related to your injury.
How much does it cost to hire an Oklahoma City premises liability attorney?
Many premises liability attorneys in Oklahoma City work on a contingency fee basis, which means they only get paid if they win your premises liability case here. They will typically receive a percentage of your total compensation, so you don’t have to pay any upfront fees or out-of-pocket expenses. Most Oklahoma personal injury law firms charge a 25 to 40% contingency fee.
How can I contact an experienced premises liability lawyer in Oklahoma City?
To contact an experienced premises liability lawyer in Oklahoma City, you can contact our law firm by filling out the contact form on our website or calling our office. Our Oklahoma City Premises Liability Lawyer offers free case reviews and can provide you with the guidance and representation you need.