A simple slip and fall in Oklahoma can have devastating and permanent physical and psychological effects.
Whether you are a guest in a private or a public establishment, there is always a chance that you can be injured from hidden dangers lurking on a Tulsa premises.
To protect against these hidden risks, the state of Oklahoma imposes a duty of reasonable care on a property owner. This applies to people who have received permission to enter the property. The owner must keep the property in a reasonably safe condition and warn about any hidden dangers.
In the legal field, claims brought against landowners for injuries resulting from hazards on their property are called “premises liability” claims.
When Is the Owner Liable for a Slip and Fall in Oklahoma?
In Oklahoma, the general rule is that a property owner does not have a duty to warn of dangers that a reasonable person could discover, and therefore, are “open and obvious.”
However, there are exceptions. For example, Oklahoma courts have determined that if ice accumulates on a property, the owner has a duty to exercise ordinary care to prevent others from being injured, even if the icy conditions are open and obvious to others.
This exception was recently affirmed by the Oklahoma Supreme Court. In 2014, the Court reversed a grant of summary judgment in a premises liability case brought by a caterer who fell on ice at a car dealership.
The fact that the ice was an open and obvious condition was apparent – the Court noted that the plaintiff specifically stated she was aware of the icy conditions and was trying to walk carefully through the ice.
The Court noted that this slip and fall in Oklahoma was caused by the dealership because of a faulty sprinkler system.
Officials further stated if a property owner is the cause of the hazardous condition, he has a duty to exercise ordinary care to prevent others from being injured from it.
Did the Property Owner Issue Adequate Warning?
If your injury is attributable to ice or snow, there is a greater chance that an Oklahoma court will find that the landowner is liable for your injury, even if that condition was obvious to you.
For injuries resulting from other types of hazards, remember that a property owner has a duty to warn against hidden dangers, such as puddles on the floor that you might not notice and then slip.
If no sign has been posted warning of the slippery conditions, or if you can show that the landowner was not reasonably maintaining the property in a reasonable manner, you may be compensated for your injuries.
Free Consultation: Tulsa Premises Liability Attorney
To find out if you might be entitled to compensation for injuries that resulted from your slip and fall in Oklahoma on another’s property, contact an experienced Tulsa Premises Liability Attorney today.
For a free, no-obligation consultation, call (918) 924-5528 or send your question using the email form on this page.
