Oklahoma City Private Property Premises Liability Lawyer
A premises liability lawyer in Oklahoma City for private property could be of service to you if you or someone you know was seriously injured by a negligent landowner. Depending on the circumstances of your visit, you could be entitled to compensation. To obtain that compensation that could help with medical fees, you need to talk with an attorney who could help. A seasoned premises liability lawyer could gather evidence, interview relevant parties, and file a claim against irresponsible people.
What Is Considered Private Property
Private property is defined as anything that is not state, city. or government-owned property.
The type of property does not impact the development of the case. It just changes who is liable. For example, a case involving an apartment or condo would make the property owner or the landlord responsible.
Classifications of Vistors
An invitee is defined as anyone who is either invited to the property or has a right to be there. The invitee is someone that is on the property at the express or implied invitation of the owner/occupant of the property for some business or commercial interest.
An invited guest is someone who was invited onto the property. The invited guest is called a “licensee” as compared to the invitee because there is no business or commercial interest.
A trespasser is somebody who is trespassing or entering the real estate without the permission of the person lawfully entitled to possess it.
Exceptions to Premises Liability When Children Are Hurt
Exceptions are made in the case of a child sustaining injuries while trespassing due to the attractive nuisance law. If somebody has a swimming pool and they do not have a fence around it, there is still an exception for an injured kid, even if the kid is technically trespassing. Oklahoma follows the Attractive Nuisance Doctrine. Under the law, children under the age of 7 years old do not have the ability to appreciate the risk of dangerous conditions. Children between 7 and 14 years old are presumed to lack the ability to appreciate the risk of dangerous conditions. For children 14 years and older, the plaintiff has the burden of proving, by the greater weight of the evidence, that the child lacked the ability to appreciate the risk from the dangerous condition.
To ensure the safety of visitors or residents, private property owners should make sure they do not have anything dangerous on their property. If they do, they should have it roped off or marked off and make sure they tell their guests.
Special Rules for Owners or Landlords of Private Property in Oklahoma City
Depending on the contract with the person leasing the property, owners or landlords could agree to make the repairs to the property. If that was the case, then the person leasing the property to the tenant would not be responsible or vice versa. If the property owner is agreeing to make the repairs for the person leasing the property, then the liability would go to the landlord.
When both people are at fault on private property, a jury would assign the amount of fault for each person. They cannot recover anything if they are more than 50% at fault.
Talk to an Attorney About Private Property Liability in Oklahoma City Today
A layer in Oklahoma City for private property premises liability cases could be an invaluable asset for you should you need to hold a negligent property owner accountable. While premises liability cases are somewhat common, the frequency of these cases does not change that these cases are challenging and require experience in these matters. Reach out to an attorney who could offer that experience.