Slip, Trip and Fall Injuries in Oklahoma

Trespassers: by statute, a landowner, tenant or other occupant has no duty to make the premises safe for a trespasser and is generally not liable for a trespasser's injuries. Exceptions: once the possessor knows or reasonably should know a trespasser is present, it must not injure the trespasser by a wanton or intentional act; and a possessor can be liable to a child trespasser hurt by a highly dangerous artificial condition that is unusually attractive to children, if the listed conditions are proved. A separate statute says an owner or occupant owes no duty to keep premises safe for someone whose entry is unauthorized or for committing a crime, but this does not protect against willful, wanton or malicious acts or gross negligence. The duties owed to invited guests and other lawful visitors come from court decisions, which were not reviewed here.

For falls on public property: the State and political subdivisions (cities, counties and other local governments) are not liable for losses resulting from snow or ice conditions, or temporary or natural conditions on any public way or other public place due to weather, unless the condition was affirmatively caused by the government's negligent act. Rules for snow and ice on private property come from court decisions, which were not reviewed.

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.

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.

Modified comparative negligence (51% bar). An injured person's own negligence does not bar recovery unless it is of greater degree than the negligence of the person causing the harm, or greater than the combined negligence of all persons causing it. The statute covers personal injury, wrongful death and property damage claims.

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.