400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.
Braum’s & Premises Liability in Oklahoma
Premises liability holds property owners responsible for accidents and injuries that occur on their property due to unsafe conditions. In Oklahoma, property owners have a legal duty to maintain reasonably safe premises for lawful visitors and to warn them of any known hazards.
The level of care owed by a property owner depends on the visitor’s status:
- Invitees, such as customers at Braum’s, are owed the highest level of care. Property owners must regularly inspect the premises and promptly address any hazards.
- Licensees, such as social guests, are owed a slightly lower level of care. Property owners must warn licensees of known dangers but are not required to inspect for hazards.
- Trespassers are owed the lowest level of care. Property owners generally do not have a duty to ensure the safety of trespassers, with some exceptions for children.
To succeed in a premises liability claim, you must prove four elements:
- The property owner owed you a duty of care.
- The property owner breached that duty by failing to maintain safe premises or warn of hazards.
- The breach of duty caused your accident and injuries.
- You suffered damages from the accident, such as medical expenses, lost wages, or pain and suffering.
What is the deadline for filing a slip and fall claim in Oklahoma?
In Oklahoma, the statute of limitations for filing a slip and fall lawsuit is generally two years from the date of the accident. However, there are some exceptions to this rule. An experienced attorney can help ensure your claim is filed within the appropriate timeframe.
What if I was partly at fault for my slip and fall accident at Braum’s?
Oklahoma follows a comparative negligence rule, which means that your compensation may be reduced if you are found to be partially at fault for the accident. For example, if you were found to be 30% at fault, your compensation would be reduced by 30%.
Common Causes of Slip and Fall Accidents at Braum’s
Slip and fall accidents at Braum’s can happen for various reasons, such as:
- Wet or slippery floors due to spills, leaks, or tracked-in moisture
- Uneven or damaged surfaces in the parking lot or sidewalks
- Poor lighting that makes it difficult to see hazards
- Cluttered or obstructed walkways
- Lack of proper warning signs for known hazards
What should I do if I see a hazard at Braum’s that could cause a slip-and-fall accident?
If you notice a hazard at Braum’s that could cause a slip-and-fall accident, inform management immediately. This will help prevent others from getting injured and also serve as evidence that Braum’s was aware of the hazard if an accident does occur.
Steps to Take After a Slip and Fall at Braum’s
If you’ve been injured in a slip-and-fall accident at Braum’s, taking the following actions can help protect your legal rights and strengthen your potential claim:
- Seek medical attention promptly, even if your injuries seem minor. Some injuries may not be immediately apparent, and prompt medical treatment can help document the extent of your injuries.
- Notify Braum’s management of the incident and request an incident report. Obtain a copy of this report for your records.
- Gather evidence at the scene, if possible. Take photos of the hazard that caused your fall, your injuries, and the surrounding area. Collect contact information from any witnesses who saw the accident occur.
- Preserve any clothing or belongings damaged in the fall, as these may be important evidence in your case.
- Avoid giving recorded statements to insurance companies without first consulting with an attorney. Insurance adjusters may use statements against you to minimize or deny your claim.
- Consult with an experienced Oklahoma slip and fall attorney who can help you understand your legal options and guide you through the process of seeking compensation for your injuries.
How quickly should I seek medical attention after my slip and fall accident?
It’s essential to seek medical attention as soon as possible after a slip and fall accident, even if your injuries seem minor. Some injuries may not be immediately apparent, and prompt medical treatment can help document the extent of your injuries and establish a connection between the accident and your injuries.
Should I accept a settlement offer from Braum’s insurance company after my slip and fall accident?
It’s generally recommended to consult with an experienced slip and fall attorney before accepting any settlement offers from insurance companies. Insurance adjusters may attempt to settle your claim quickly and for less than you deserve. An attorney can help you assess the fairness of any settlement offers and negotiate for a higher amount if necessary.
Seeking Compensation for Your Injuries
If you’ve been injured in a slip and fall accident at Braum’s, you may be entitled to compensation for your losses, including:
- Medical expenses, both current and future
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
However, it’s important to remember that Oklahoma follows a comparative negligence rule, which means that your compensation may be reduced if you are found to be partially at fault for the accident. For instance, if you were found to be 30% at fault, your compensation would be reduced by 30%.
What types of damages can I seek compensation for after a slip and fall accident at Braum’s?
You may be entitled to compensation for various losses after a slip and fall accident at Braum’s, including medical bills (both current and future), lost wages, pain and suffering, emotional distress, and loss of enjoyment of life.
How can I prove the extent of my damages after a slip and fall accident?
To prove the extent of your damages, it’s crucial to keep detailed records of all medical treatment, including bills and receipts, as well as any documentation of missed work or lost wages. Keeping a journal of your pain levels and how the injury has impacted your daily life can also help demonstrate the extent of your non-economic damages, such as pain and suffering.
How an Oklahoma Slip and Fall Lawyer Can Help
Navigating a slip and fall claim can be complex and challenging, especially when dealing with insurance companies and legal proceedings. Hiring an experienced Oklahoma slip and fall lawyer can provide numerous advantages, including:
- Conducting a thorough investigation of your accident and gathering evidence to support your claim
- Identifying all potentially liable parties and holding them accountable for your injuries
- Negotiating with insurance companies on your behalf to seek a fair settlement
- Representing you in court if a lawsuit becomes necessary
- Providing guidance and support throughout the legal process
How much does it cost to hire a slip and fall lawyer in Oklahoma?
Personal injury lawyers typically work on a contingency fee basis, which means they only get paid if they win your case. Usually, the attorney will take a percentage of your settlement or award as their fee. This allows you to pursue your claim without upfront costs and ensures that your attorney is motivated to secure the best possible outcome for your case.
What is the legal term for a slip and fall case?
In legal terminology, a “slip and fall” is a type of personal injury case known as a “premises liability” claim. Premises liability is an area of law that holds property owners liable when someone is injured on their property due to unsafe conditions. Slip and fall accidents are one of the most common types of premises liability claims.
To have a valid slip and fall claim under a premises liability theory, the injured person must prove that the property owner was negligent in maintaining safe conditions. This means showing the owner knew or should have known about the dangerous condition but failed to fix it or provide adequate warning.
What is the theory of liability in a slip and fall?
The theory of liability in a slip and fall case is negligence. To hold a property owner liable for a slip and fall injury, the injured person must establish the basic elements of a negligence claim:
Duty: The property owner owed a legal duty to maintain reasonably safe conditions on the property or to warn of potential hazards. The extent of this duty depends on the visitor’s status – invitee, licensee, or trespasser.
Breach: The property owner breached this duty by allowing a dangerous condition to exist on the property without repairing it or providing sufficient warning to visitors.
Causation: The dangerous condition was the direct and proximate cause of the slip and fall accident and resulting injuries. The injured person must show that the accident would not have occurred but for the property owner’s negligence.
Damages: The slip and fall accident caused the victim to suffer actual damages, such as medical bills, lost wages, pain and suffering, etc.
Contact Hasbrook & Hasbrook for Your Slip and Fall Claim
If you’ve been injured in a slip and fall accident at Braum’s or any other establishment in Oklahoma, don’t hesitate to seek legal assistance. The experienced attorneys at Hasbrook & Hasbrook can help protect your rights and fight for the compensation you deserve.
Contact our office today for a free consultation to discuss your case and learn more about your legal options. Our dedicated team is here to help you every step of the way.