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Tulsa Premises Liability Lawyer
When you accept an invitation to someone’s home for dinner or go to your favorite store to shop, you assume the premises are safe. While many property owners take the necessary steps to ensure the safety of guests, visitors, and patrons, others do not.
If you slip and fall because of a wet floor or are the victim of an assault due to insufficient security, you could pursue compensation from the property owner for your losses. However, recovering money from the property owner or their insurance carrier can be tricky without assistance. A Tulsa premises liability lawyer can help you through the complexities of insurance claims and, if necessary, a personal injury lawsuit.
The skilled attorneys of Edwards & Patterson Law understand Oklahoma statutes that apply to a premises liability case. We also understand how to negotiate with an insurance company that might try to get away with a lowball settlement offer. If you or a loved one suffered injuries on someone’s property due to the property owner’s or manager’s negligence, we can help. Contact Edwards & Patterson Law for a free consultation.
What Is Premises Liability in Tulsa, Oklahoma?
Premises liability is an area of law that involves the duty of property owners to maintain a certain level of safety on their premises. When the occupancy or use of a building or land causes someone harm, premises liability principles determine who, if anyone, is liable. Under premises liability law, a visitor who is injured on another person’s property may be able to hold the land or building owner accountable.
A property owner’s liability will depend on how Oklahoma law classifies that visitor.
Oklahoma premises liability law places visitors into three categories:
1) Trespassers That Slip On The Premises
When someone comes onto another’s land without permission. A trespasser does not receive much protection with regard to the safety of the property. A property owner has no duty to ensure that the property is safe for trespassers but is required to avoid intentionally harming a trespasser (unless acting in justified self-defense). However, if a property owner has a dangerous condition that may entice children such as a swimming pool, and a child is injured on the property as a result, the owner could be held liable.
2) What Is a Licensee?
A licensee is permitted to be on the property. A property owner or occupier must inform licensees of dangers on the property that are not obvious. However, the owner has no duty to maintain the property at a certain level of safety. Social guests are typically considered to be licensees.
3) Who Are Invitees?
People who are invited onto the premises to benefit the owner or occupier of the property are considered invitees. For instance, any business that allows customers onto its premises is considered to have invited the customers to do so and can benefit from customers entering the business. With invitees, the property owner or occupier has a duty to maintain and repair the property to keep it reasonably safe. If the property has been maintained reasonably, and an invitee is still injured, the property owner or occupier will not be liable for that injury.
When the owner or occupier has failed to fulfill the duty of reasonable care to maintain the premises safely, they may be liable if an invitee is injured because of that failure. In some instances, the property owner must alert people coming onto the property of hidden dangers or unsafe conditions that are not identified easily. If a dangerous condition is obvious to most people, then the person does not have a duty to warn people coming onto the property. Contact our Tulsa personal injury attorney today.
What Are Common Types of Tulsa Premises Liability Cases?
Premises liability encompasses a wide range of scenarios on private, commercial, or government property. Here are some types of premises liability cases:
- Slip and fall – These accidents happen when an individual falls on slippery, wet, icy, or uneven surfaces.
- Trip and fall – Similar to a slip and fall, a trip and fall typically involves tripping over obstacles like clutter, cords, or other hazards.
- Inadequate maintenance – Property owners can face legal consequences for broken staircases, crumbling sidewalks, or poorly lit areas when they cause injury.
- Defective conditions – A property owner or manager must ensure that every part of their property is safe, including by repairing broken equipment.
- Dog bites or animal attacks – Owners or managers of a premises could be responsible for pets or animals that bite or attack visitors or guests.
- Swimming pool and water-related accidents – Property owners must take reasonable measures to prevent visitors from drowning in pools, spas, fountains, and other water features.
- Inadequate security – The owner or manager might be liable for assaults and injuries due to insufficient security.
- Toxic fumes or chemicals – Premises liability includes exposure to harmful chemicals or fumes while on someone’s property.
- Fires – Negligence in a fire-related case includes failure to repair faulty wiring or a lack of sprinklers and other safety devices.
- Water leaks or flooding – Improper plumbing maintenance may cause mold and other health hazards.
- Leisure accidents – Amusement parks and attractions must observe adequate safety measures and perform required maintenance to prevent injuries.
- Child accidents – Properties may attract children to dangerous conditions, such as swimming pools, trampolines, or other features attractive to kids. Even if the child isn’t supposed to be there, a property owner or manager may be held accountable under the “attractive nuisances” doctrine.
What Must Be Proven in a Premises Liability Case?
Believing that a property owner is negligent is not the same as proving it. For a successful premises liability lawsuit in Tulsa, the injured party must establish that the property owner:
- Knew or should have known about the hazard,
- Failed to do something about it or warn visitors about it,
- And directly led to the accident that caused the victim’s injuries
How Can a Property Owner’s Liability for an Accident Vary?
Not all accidents on a property result in the owner being liable. Factors that can affect a property owner’s liability include:
- The status of the injured person, such as whether they were a social guest, a customer, or trespassing
- When the danger is obvious
- Whether the owner took reasonable steps to warn about or correct the danger
An experienced Tulsa premises liability attorney can help you determine if a property owner or manager is responsible for your injuries and losses.
What Damages Can I Recover in a Premises Liability Case?
Damages could be significant in a premises liability case. But each case is different. The value of this compensation depends on the nature, extent, and severity of the injuries. In a successful premises liability claim, you could recover money for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
What Is The Time Limit for Filing a Tulsa Premises Liability Claim?
Like other states, Oklahoma has a statute of limitations. This law dictates a time frame within which the injured party must file their claim. In most instances, the injured party has two years from the date of the injury to file a premises liability lawsuit. The sooner you contact a lawyer, the more time they have to gather evidence and build a strong case on your behalf.
How Can a Tulsa Premises Liability Lawyer Help Me?
Most people are unaware of the legal details of premises liability statutes. They are also less likely to negotiate aggressively with the at-fault party’s insurance company for a fair settlement. A Tulsa premises liability lawyer can handle these matters for you and help in other ways, including:
- Examining evidence such as witness statements, videos, and accident reports
- Obtaining a prognosis for your injuries
- Assigning a value to your injuries and losses, including disability and future medical expenses
- Representing you in court if negotiations fall through
- Protecting your rights throughout your case
Contact a Tulsa Premises Liability Lawyer
Getting hurt on someone else’s property can quickly become a legal, financial, and medical nightmare. A Tulsa premises liability lawyer with Edwards & Patterson Law has the knowledge and experience to help you pursue compensation. With decades of dedicated legal service in Oklahoma, they are familiar with the complexities of premises liability and personal injury cases. Contact Edwards & Patterson Law for a free consultation today. Contact our Tulsa personal injury lawyer today.
