Sidewalk and Public Property Falls in Oklahoma
Who is responsible for a fall on a broken sidewalk in Oklahoma, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Cities may build and repair sidewalks and assess the cost against the abutting lots, and in an emergency may order the abutting owner or occupant to repair a sidewalk within three days, after which the city may make the repair and assess the cost to the property. 11 Okla. Stat. §§ 36-103, 36-104; 51 Okla. Stat. §§ 155(8), 156
| Sidewalk falls: who is responsible | Cities may build and repair sidewalks and assess the cost against the abutting lots, and in an emergency may order the abutting owner or occupant to repair a sidewalk within three days, after which the city may make the repair and assess the cost to the property. These statutes do not say in words who is liable to a person injured on a defective sidewalk. Claims against a city are governed by the Governmental Tort Claims Act, which requires written notice of the claim within one year (see local government notice) and bars claims for weather-related snow or ice conditions on public ways unless the government negligently caused them. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). Governmental Tort Claims Act: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf . |
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| Claims against a city or county | One law, the Governmental Tort Claims Act, covers both the State and political subdivisions. A written claim must be presented within one year after the loss, or it is forever barred; for a city, county or other political subdivision it is filed with the office of the clerk of the governing body, and it must state the date, time, place and circumstances, the amount demanded and the claimant's contact information (plus health care providers and releases for injury claims). Time while the injured person is incapacitated (up to 90 days) does not count. A lawsuit may not be filed until the claim is denied; it is deemed denied if not fully approved within 90 days, and suit must be filed within 180 days after denial. Damage caps are set in § 154 of the Act. Read in the Oklahoma Legislature's official complete-title PDF (oklegislature.gov). The official title currently shows two 2025 versions of § 154 with different caps; see government claims. Source: 51 Okla. Stat. §§ 156, 157, 154 |
| Suing the government | Under the Governmental Tort Claims Act, written notice of the claim must be presented within one year after the loss (to the Risk Management Administrator for claims against the state, or to the clerk of the governing body for a city, county or other political subdivision), or the claim is forever barred. For wrongful death, the personal representative may give notice within one year after the death. A lawsuit may be filed only after the claim is denied (it is deemed denied if not approved within 90 days), and must be filed within 180 days after denial. Damages are capped per claimant and per occurrence; the dollar limits were changed in 2025. Source: 51 Okla. Stat. §§ 154, 156, 157 |
| Deadline to sue for an injury | Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline. |
More Oklahoma personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oklahoma
- Wrongful Death Lawsuits in Oklahoma
- Medical Malpractice Rules in Oklahoma
- Car Accident Claims in Oklahoma
- Dog Bite Liability in Oklahoma
- Slip, Trip and Fall Injuries in Oklahoma
- Motorcycle Accident Claims in Oklahoma
- Pedestrian Accident Claims in Oklahoma
- Bicycle Accident Claims in Oklahoma
- Uber and Lyft Accident Claims in Oklahoma
- Construction Site Injuries in Oklahoma
- All Oklahoma personal injury & wrongful death rules
FAQ
Who is liable if you trip and fall on a sidewalk in Oklahoma?
Cities may build and repair sidewalks and assess the cost against the abutting lots, and in an emergency may order the abutting owner or occupant to repair a sidewalk within three days, after which the city may make the repair and assess the cost to the property. These statutes do not say in words who is liable to a person injured on a defective sidewalk. Claims against a city are governed by the Governmental Tort Claims Act, which requires written notice of the claim within one year (see local government notice) and bars claims for weather-related snow or ice conditions on public ways unless the government negligently caused them.
How long do you have to file a claim against a city or county in Oklahoma?
One law, the Governmental Tort Claims Act, covers both the State and political subdivisions. A written claim must be presented within one year after the loss, or it is forever barred; for a city, county or other political subdivision it is filed with the office of the clerk of the governing body, and it must state the date, time, place and circumstances, the amount demanded and the claimant's contact information (plus health care providers and releases for injury claims). Time while the injured person is incapacitated (up to 90 days) does not count. A lawsuit may not be filed until the claim is denied; it is deemed denied if not fully approved within 90 days, and suit must be filed within 180 days after denial. Damage caps are set in § 154 of the Act.
How do you file an injury claim against the government in Oklahoma?
Under the Governmental Tort Claims Act, written notice of the claim must be presented within one year after the loss (to the Risk Management Administrator for claims against the state, or to the clerk of the governing body for a city, county or other political subdivision), or the claim is forever barred. For wrongful death, the personal representative may give notice within one year after the death. A lawsuit may be filed only after the claim is denied (it is deemed denied if not approved within 90 days), and must be filed within 180 days after denial. Damages are capped per claimant and per occurrence; the dollar limits were changed in 2025.
What is the statute of limitations for personal injury in Oklahoma?
Two years for an action for injury to the rights of another not arising from a contract, which covers most negligence-based injury claims. Assault, battery, libel, slander, malicious prosecution and false imprisonment have a one-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.