Can You Sue Someone If You Are Injured on Their Property?
Slip and fall accidents are common in Oklahoma, and the consequences can be life-changing. If you’ve been injured due to a property owner’s negligence, an Oklahoma slip and fall lawyer can help you understand your legal options. One defective sidewalk, wet floor, or icy walkway can turn an ordinary day into an emergency room visit with severe injuries. If you’ve suffered a slip and fall accident, the personal injury attorneys at Aizenman Law Group are here to ensure you receive the medical care and compensation needed for recovery.
Our experienced spine injury lawyers and traumatic brain injury attorneys understand how devastating these accidents can be. We’ll connect you with trusted medical professionals and handle the complexities of dealing with insurance companies—especially if they engage in wrongful insurance claim denial. This article explains Oklahoma’s slip and fall laws and who may be responsible for your injuries.
Oklahoma Premises Liability Laws
Oklahoma’s premises liability laws hold property owners responsible when someone suffers an injury on their property due to negligence. To prove negligence in a premises liability case, four key elements must be established:
- The property owner owed a duty of care to the victim.
- The property owner breached that duty.
- The victim suffered damages.
- The damages resulted from the property owner’s breach of duty.
The most crucial aspect of a premises liability case is determining what duty the property owner owed to the injured person. Oklahoma follows a common-law approach, meaning that the duty owed depends on the visitor’s status on the property.
- Licensees: A licensee enters a property with the owner’s permission but for their own benefit, such as a social guest. Property owners must exercise reasonable care and warn licensees of known dangers that are not obvious. (Brown v. Nicholson, 935 P.2d 319 [1997])
- Invitees: An invitee enters a property for the mutual benefit of both parties, such as a customer in a store. Property owners owe invitees the highest duty of care, including maintaining reasonably safe conditions and warning of hidden hazards. (Wood v. Mercedes-Benz of Oklahoma City, 336 P.3d 457 [2014])
- Trespassers: Under Okla. Stat. tit. 76, § 80, property owners generally owe no duty of care to trespassers. However, they cannot intentionally harm trespassers. Additionally, if an owner is aware that children are likely to trespass and a hazardous condition exists that could attract them, the owner may be held liable for injuries if reasonable steps weren’t taken to eliminate the danger.
Determining who owes you a duty after a slip and fall can be complex, which is why speaking with a knowledgeable personal injury attorney at Aizenman Law Group is essential. Our legal team has helped countless injury victims secure fair compensation, and our insurance claim attorneys are ready to fight for you.
What If I’m Partially at Fault for My Slip and Fall?
Accidents happen, and sometimes the injured party may share some responsibility. For example, if you were walking through a grocery store while checking your phone and slipped on a wet floor, you could bear some fault. However, the store is still responsible for maintaining safe conditions for customers.
Oklahoma follows a modified comparative negligence rule, meaning that accident victims can recover compensation as long as they are not more than 50% at fault for the accident. Under Okla. Stat. tit. 23, § 13, your compensation is reduced by your percentage of fault.
For instance, if a jury awards $1,000,000 in damages but finds you 20% at fault, your recovery would be reduced to $800,000. However, if you are 55% at fault, you would receive nothing.
Steps to Take After a Slip and Fall Accident
If you experience a slip and fall, taking the right steps can make a significant difference in protecting your claim and maximizing your compensation. Always:
- Seek medical attention immediately, even if injuries seem minor.
- Take photos of the accident scene, including hazardous conditions and your injuries.
- Gather witness statements if possible.
- Notify the property owner or store manager of the accident.
- Consult a personal injury attorney as soon as possible.
Equally important is what you should not do after an accident. Never provide a recorded statement after a car accident or slip and fall to an insurance company without consulting an attorney. Insurance adjusters may try to use your words against you to minimize or deny your claim. Additionally, avoid posting on social media about your accident or recovery—insurance companies may use this against you.
Why Contact Aizenman Law Group After a Slip and Fall?
After a slip and fall accident, time is critical. Legal deadlines, evidence preservation, and insurance tactics can impact your case. Once your immediate medical needs are addressed, contact our personal injury lawyers to discuss your options.
At Aizenman Law Group, our insurance claims attorneys have extensive experience battling insurance companies that attempt to devalue or deny claims. We understand the strategies they use—and we won’t let them take advantage of you. Contact us at 918-215-8856 any time day or night for a free consultation and take the first step toward securing the compensation you deserve.