What Are the Types of Premises Liability Accidents?
Getting injured on someone else’s property is never something you expect. One moment you’re walking through a parking lot or spending time at a friend’s house. The next, you’re on the ground or dealing with an injury that could have been avoided if someone had taken proper care of the property. These situations often fall into common types of premises liability accidents, where unsafe conditions lead to harm that could have been prevented.
In moments like these, it’s easy to feel overwhelmed. Medical bills pile up. You may need time off work. And somewhere in the middle of it all, you’re left wondering who is going to help you recover.
That’s where premises liability law becomes important.
At Aizenman Law Group, our Tulsa personal injury lawyers help people across Oklahoma who have been hurt because of unsafe conditions on someone else’s property. These accidents are often preventable. In many cases, they result from poor maintenance, a lack of proper warning, or negligence on the part of a property owner. If you were hurt in a situation like this, you may have a legal claim.
How Premises Liability Fits into Personal Injury Law
Premises liability is a part of personal injury law that applies when someone gets hurt because of a dangerous condition on another person’s property. It could be something as simple as a wet floor or as serious as a structural hazard in an apartment complex. Regardless of the details, property owners have a duty to keep their spaces safe. If you’re unsure whether your situation qualifies as a premises liability case, a personal injury attorney can help you understand your rights and what steps to take next.
In order to bring a successful premises liability claim, you’ll need to show three things:
- The property owner had a legal duty to provide a safe environment
- They failed to meet that duty
- Their failure caused your injury
Let’s look at some of the most common situations that may lead to a premises liability claim.
Slip and Fall Accidents
Slip and fall accidents happen every day. They may involve wet floors at grocery stores, cracked sidewalks, poorly lit stairwells, or unmarked hazards. And while the term “slip and fall” may not sound serious, these incidents often result in broken bones, head injuries, or long-term pain.
If a property owner failed to fix a known hazard or didn’t warn you about it, they may be held responsible. A slip and fall lawyer can help you understand whether your injury meets the requirements for a legal claim.
Dog Bite Injuries
Dog bites are another common source of premises liability claims in Oklahoma. According to Okla. Stat. tit. 4, §§ 42.1 – 42.4, dog owners can be held strictly liable if their dog bites someone who is legally on the property. That includes invited guests, delivery drivers, and people in public areas like parks or sidewalks.
You do not need to prove the dog had bitten anyone before. If you were attacked while you were in a place you had the right to be, a dog bite attorney in Oklahoma can help you build your case.
Swimming Pool Accidents
Swimming pools can be dangerous, especially when they are not maintained or monitored correctly. Slippery surfaces, broken steps, missing safety signs, and a lack of fencing can all lead to injuries or even fatalities.
Children are especially at risk. Oklahoma law requires property owners to take extra care with features that are likely to attract children, such as pools. This is known as the attractive nuisance doctrine. If your child was injured in a pool-related accident, the owner may be held liable for not preventing access or warning about hazards.
Falling Objects
When shelves are stacked too high or fixtures are loose, items can fall and cause harm. These accidents are common in retail stores and storage areas. If something fell on you because it wasn’t properly secured, you may have a claim against the business or the property owner.
Poor Lighting
Tripping over a step or missing a hazard because of poor lighting is more common than many people realize. Stairwells, hallways, parking garages, and entrances are just a few places where lighting plays a crucial role in safety.
If you were injured because you couldn’t see where you were going, and the lighting should have been better, the property owner might be responsible.
Negligent Security
Not every injury is caused by a physical hazard. In some cases, the danger comes from another person. If you are attacked or robbed on a property where the owner failed to provide proper security despite knowing there was a risk you may have a claim.
Examples include apartment complexes without working gates, hotels without adequate lighting or locks, or businesses in high-crime areas that ignore known safety concerns.
Who Can Be Held Responsible?
Responsibility in a premises liability case depends on who you are and why you were on the property at the time of the accident.
Invitees
Invitees are individuals who are on the property for business reasons, like shoppers at a store or tenants in an apartment. Property owners owe invitees the highest level of care. They must routinely inspect the space and either fix or warn about dangers.
Licensees
Licensees are social guests, friends, neighbors, or anyone who is invited over for personal reasons. Property owners still owe a duty of care, but not as much as they owe invitees. They are expected to warn about known dangers but may not be required to inspect the property for hidden issues.
Trespassers
In most cases, property owners do not owe trespassers any duty of care. However, there are exceptions. For example, if the trespasser is a child and the owner knew or should have known that children might come onto the property, they could still be liable. This is especially true if something on the property, like a pool or trampoline, was likely to attract children.
76 Okla. Stat. § 76-80 explains the responsibilities property owners have in these scenarios.
What Defenses Might the Property Owner Use?
Even when someone is clearly injured, the property owner may still try to deny responsibility. Here are a few common defenses:
- The injured person was trespassing
- The hazard was open and obvious
- The property owner had no way of knowing the danger existed
- The injured person was mostly at fault for the accident
Oklahoma follows a modified comparative negligence rule. Under 23 Okla. Stat. § 13, if you are found to be more than 50% at fault, you cannot recover compensation. If you are 50% or less at fault, your compensation will be reduced based on your level of responsibility.
What Should You Do If You Are Injured?
If You Are the Injured Person:
- Get medical treatment as soon as possible
- Take photos or videos of the area where you were injured
- Save any receipts or records of expenses
- Report the incident to the property owner or manager
- Reach out to a Tulsa personal injury lawyer to explore your options
If You Are the Property Owner:
- Document the incident right away
- Preserve any video footage or physical evidence
- Notify your insurance company
- Speak with an attorney before discussing the incident publicly
Get Help From a Premises Liability Attorney in Oklahoma
If you were injured because someone failed to maintain safe conditions on their property, you may be entitled to compensation. These cases are often more complex than they seem, but you don’t have to navigate the process alone.
Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost consultation. Let’s talk about what happened and how we can help you move forward.