If you suffer an injury on someone else’s property in Oklahoma, you may receive compensation under premises liability laws. Whether you slipped on a wet floor in a store, were injured due to poor lighting in an apartment complex, or were attacked by a dog on private property, property owners and occupiers have a legal duty to keep their premises reasonably safe.
What Is Premises Liability?
In Oklahoma, property owners must take reasonable steps to prevent injuries by maintaining safe conditions, fixing hazards, and warning visitors of potential dangers under what is known as premises liability. However, the extent of liability depends on why the injured person was on the property at the time of the accident. Oklahoma law classifies people who enter a property into three categories:
1. Invitees (Highest Duty of Care)
An invitee is someone who enters the property for the owner’s benefit, such as a customer in a store or a tenant in an apartment complex. Property owners owe invitees the highest duty of care and must regularly inspect the property for hazards, fix dangerous conditions or post warning signs, and ensure the property is reasonably safe for visitors.
2. Licensees (Moderate Duty of Care)
A licensee is someone who enters the property for their own purpose, such as a social guest at a friend’s house. Property owners must warn licensees about known hazards but do not have to inspect or fix hazards they are unaware of.
3. Trespassers (Lowest Duty of Care)
A trespasser is someone who enters the property without permission. Property owners generally do not owe a duty of care to trespassers except that they cannot intentionally harm them (such as setting traps).
However, under the Attractive Nuisance Doctrine, property owners may be liable if a child is injured due to a hazard that attracts children, such as an unfenced swimming pool or abandoned playground equipment.
Proving a Premises Liability Claim in Oklahoma
After an injury due to unsafe property conditions, you may be able to seek damages, such as medical expenses. To succeed in a premises liability claim, the injured party (plaintiff) must prove the following elements:
- The property owner owed a duty of care (invitee or licensee status).
- The owner knew (or should have known) about the hazardous condition.
- The owner failed to fix the hazard or warn visitors.
- The hazardous condition directly caused the injury.
- The injury resulted in damages (medical bills, lost wages, pain and suffering).
Oklahoma follows a modified comparative negligence rule, meaning an injured person can still recover compensation if they were less than 51% at fault. However, if the court finds the plaintiff to be 51% or more responsible, they cannot recover damages.
Steps to Take After a Premises Liability Injury
If you are injured on someone else’s property, follow these steps to protect your rights:
- Seek Medical Attention – Your health and medical records are critical for proving your case.
- Report the Incident – Notify the property owner, landlord, or store manager and request an incident report.
- Document the Scene – Take photos/videos of hazardous conditions, warning signs (or lack of them), and visible injuries.
- Collect Witness Statements – If anyone saw the accident, get their contact information.
A lawyer can help gather evidence, negotiate settlements, and file a lawsuit if needed.
Oklahoma City Personal Injury Attorneys
Under Oklahoma premises liability laws, property owners must maintain safe conditions and warn visitors of hazards. After an injury due to unsafe property conditions, you may have the right to seek compensation. However, determining liability depends on your visitor status, the owner’s negligence, and whether you contributed to the accident.
If you have a premises liability claim, our team at Kania Law – OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
