If you slipped and fell at a Braum’s location in Oklahoma, the store owes its customers a duty to keep the premises reasonably safe. Oklahoma law generally gives you two years from the accident date to file a slip-and-fall claim, and you can still recover damages even if you were partly at fault, unless your fault exceeded 50 percent.
Braum’s Premises Liability Duty of Care in Oklahoma
Our Oklahoma City slip and fall injury attorneys regularly handle claims arising from falls at Braum’s and similar businesses. Oklahoma property owner liability rules hold businesses responsible for injuries caused by unsafe conditions on their property. A store must maintain reasonably safe premises for lawful visitors and warn them of hazards it knows about or should discover through reasonable inspection.
The level of care Braum’s owes a visitor depends on that visitor’s status:
- Invitees, including paying customers, are owed the highest duty. Braum’s must regularly inspect its stores and promptly fix or warn of hazards.
- Licensees, such as social guests, are owed a lower duty. Braum’s must warn of known dangers but is not required to inspect for them.
- Trespassers are owed the least protection, though Oklahoma law recognizes exceptions for children.
To win a premises liability claim against Braum’s, you generally must prove four elements: the store owed you a duty of care, it breached that duty by failing to maintain safe conditions or warn of hazards, the breach caused your accident, and you suffered actual damages such as medical bills, lost wages, or pain and suffering.
What Is the Deadline for a Slip and Fall Claim at Braum’s?
Oklahoma gives injured people two years from the date of the accident to file a slip-and-fall lawsuit under 12 O.S. § 95. Limited exceptions can extend or shorten this window, so it is worth confirming your specific deadline early. If your case involves a more unusual timeline, our detailed breakdown of Oklahoma’s slip-and-fall filing deadline covers those exceptions in more depth.
What if I Was Partly at Fault for My Fall at Braum’s?
Oklahoma follows a comparative negligence rule. Under 23 O.S. §§ 13-14, being partly at fault does not bar your recovery unless your share of fault is greater than Braum’s. If you are found 50 percent or less at fault, you can still recover, though your compensation is reduced in proportion to your own negligence. For example, if you were 30 percent at fault, your award would be reduced by 30 percent.
Common Causes of Slip and Fall Accidents at Braum’s
Slip and fall accidents at Braum’s often result from:
- Wet or slippery floors from spills, leaks, or tracked-in moisture
- Uneven or damaged pavement in the parking lot or on sidewalks
- Poor lighting that hides hazards
- Cluttered or obstructed walkways
- Missing warning signs for known hazards
If you notice a hazard before you are hurt, tell a manager right away. Reporting it protects other customers and creates a record that Braum’s knew about the danger if an accident happens later.
Steps to Take After a Slip and Fall at Braum’s
Taking the following actions can help protect your legal rights and strengthen a potential claim:
- Seek medical attention promptly, even if your injuries seem minor. Some injuries are not immediately apparent, and early treatment helps document them.
- Notify Braum’s management of the incident and ask for a copy of the incident report.
- Gather evidence at the scene if possible: photograph the hazard, your injuries, and the surrounding area, and collect contact information from witnesses.
- Preserve any clothing or belongings damaged in the fall, since these may become important evidence.
- Avoid giving recorded statements to insurance adjusters before speaking with an attorney.
For general guidance that applies beyond Braum’s, see our overview of steps to take after any Oklahoma slip and fall accident. If Braum’s insurance company offers a quick settlement, talk to an attorney before accepting. Adjusters sometimes move fast with an offer that is lower than a claim is actually worth.
Seeking Compensation for Your Slip and Fall Injuries
If you were injured at Braum’s, you may be entitled to compensation for:
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Oklahoma law requires medical expenses to be proven by what was actually paid, not the amount originally billed (12 O.S. § 3009.1). Keeping detailed billing records, missed-work documentation, and a pain journal helps establish both your economic and noneconomic damages. As described above, any partial fault on your part reduces, but does not eliminate, your recovery.
How an Oklahoma Slip and Fall Lawyer Can Help
Handling a slip-and-fall claim while recovering from an injury and dealing with insurance adjusters can be difficult. An attorney at Hasbrook & Hasbrook can investigate your accident, gather evidence, identify every liable party, negotiate with Braum’s insurer, and take your case to court if a fair settlement is not offered. In cases where it is unclear how long a hazard existed, an attorney may also bring in an expert witness to help establish that point.
Personal injury lawyers typically handle these cases on a contingency-fee basis, meaning you owe no attorney fee unless your case results in a recovery, so you can pursue a claim without paying anything upfront.
A slip and fall claim is a type of premises liability case: the property owner is legally responsible when unsafe conditions cause an injury and the owner knew or should have known about the hazard. Proving negligence means showing Braum’s owed you a duty of care, breached that duty, and that the breach caused your damages.
Contact Hasbrook & Hasbrook for Your Slip and Fall Claim
Braum’s is not the only Oklahoma retailer where slip and fall accidents happen. If your accident happened elsewhere, see our pages on slip and fall claims against Walmart in Oklahoma City, lawsuits over falls at Target stores in Oklahoma, or Midwest City slip and fall claims if your fall happened outside Oklahoma City proper.
If you were hurt in a slip and fall at Braum’s or another Oklahoma business, do not wait to get legal help. Our attorneys can help you understand your legal options and pursue the compensation you deserve.
Contact our office today for a free consultation to discuss your case.
