Premises Liability Attorneys in Tulsa, Oklahoma
Every year, slip and fall accidents lead to more than one million hospital visits in the United States. Not only could many of these hospital visits be prevented by proper safety measures and slip prevention efforts, but many of these incidents could represent a liability on the part of the premises where the slip and fall occurred.
When you suffer a slip and fall, whether at work, while shopping, or at any other facility or property, it's important to be aware of your rights as a victim, which may include your right to compensation. While many people may be quick to blame themselves for losing their footing and falling to the ground, it's important to also consider whether the premises where you fell may be partly or solely to blame for your accident, especially if you end up needing medical care.
What are the Common Causes of Slip and Fall Accidents?
Many slips and falls are caused by conditions or walkway obstacles that could have been removed or addressed through proper on-site management. The most likely causes of a fall include:
- Spills on the walkway. Wet floors can cause a slipping hazard in any environment.
- Loose walkway materials. Loosened carpet, rugs and other floor mats can catch your foot when you're walking—or they can move when stepped on, creating the risk of a fall.
- Objects left in the walkway. Any number of objects left sitting in a walkway create a tripping hazard for passersby.
- Poor lighting. If you can't see where you're stepping, you're at an increased risk of tripping, slipping, and/or falling.
Who is Responsible for a Slip and Fall Accident?
While fault is always determined on a case-by-case basis, certain criteria and circumstances can help determine fault and identify opportunities where fall victims may have a case against a premise owner.
For example, slips and falls that occur while an individual is trespassing is typically not enough to hold the property liable. But if the property is open to the public, or the individual who fell is invited onto the property, liability is likely to be with the property.
In addition, properties are more likely to be at fault if code violations are identified in relation to the accident site. Premises are generally expected to maintain safe walkways, and the presence of slipping hazards could be deemed negligence on the part of property owners and/or managers—in which case that property would likely be held liable for the accident.
Because of the likelihood of a premise being found at fault for a slip-and-fall accident, it's important that victims of these falls consult an attorney.
What is the Average Settlement Amount for a Slip and Fall Accident?
Even if your slip-and-fall incident results in minor injuries, the possible settlement from this accident could be significant.
When determining the amount of compensation sought in a premise liability case, fall victims should account for the following costs:
- Medical bills
- Lost wages
- Future loss of wages
- Pain and suffering
You should also keep in mind that, depending on your specific situation, additional claims may be made beyond the common costs listed above.
Should I Find a Slip and Fall Accident Lawyer in Tulsa?
Even if you assume you aren't a victim entitled to compensation, it's in your best interest to connect with a local Tulsa area attorney to discuss the facts of your situation and determine whether you have a legal claim against the premises where the accident occurred. The laws regarding slip and fall accidents can be complex, and culpability is not always clear to the non-legal expert. It never hurts to talk with an attorney, ask questions, and get a fair assessment of the strength of any suit you may file against the property.
A little research and consultation can go a long way in answering your questions about your recent slip and fall, and making sure you have the benefit of a tireless legal advocate to demand rightful compensation and keep other parties accountable for the direct and indirect losses you have suffered.
If you or a loved one has recently suffered a slip-and-fall accident, you owe it to yourselves to find out what kind of compensation you might be eligible to receive. Even a small settlement can make a big difference as you recover from your accident and wrestle with ongoing challenges to your physical, financial, and mental well-being.
Contact Us ASAP - Our dedicated team of experienced premises liability or slip and fall attorneys are here to help you recieve the maximum compensation that you deserve. With a deep understanding of Oklahoma's laws and a commitment to advocating for our clients, we will fight tirelessly to protect your rights and secure the best possible outcome for your case. Don't delay, and let us help you reclaim your peace of mind.
FAQs
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for any injuries or damages caused by hazardous conditions on their premises. This applies to both residential and commercial properties, including private homes, public spaces, and businesses.
What is the Legal Definition of Premises Liability in Oklahoma?
In Oklahoma personal injury law, the legal definition of premises liability is when a property owner or occupier is held responsible for injuries or damages caused by unsafe conditions on their property. This can include slip and fall accidents, dog bites, inadequate security, and other types of incidents that result in harm to visitors or guests.
What are the Key Elements of Premises Liability?
For premises liability to apply, there are certain key elements that must be present. These include:
- The property owner or occupier had a duty of care to maintain safe conditions on their property
- There was a hazardous condition present on the property that the owner knew about or should have known about
- The owner failed to address the hazardous condition or warn visitors/guests about it
- The hazardous condition directly caused an injury or damage to the visitor/guest
What are Some Common Types of Premises Liability Cases?
As mentioned, there are various types of incidents that can fall under premises liability. Some common examples include:
- Slip and fall accidents due to wet or uneven surfaces
- Dog bites or attacks on the property, especially if the owner was aware of their dog's aggressive tendencies
- Inadequate security leading to assault, theft, or other crimes on the property
- Elevator or escalator accidents due to maintenance negligence
- Swimming pool accidents due to inadequate supervision or safety measures
Additionally, in Oklahoma, the plaintiff must also prove that they were on the property legally. This means they were either an invited guest, a customer, or had a legitimate reason to be on the property at the time of their injury. Trespassers, or those who entered the property without permission, may not have a strong case for premises liability.
It's important to note that in Oklahoma, there is also a comparative negligence rule. This means that if the plaintiff is found to be partially at fault for their own injuries (e.g. they were texting and not paying attention to warning signs), their compensation may be reduced by their percentage of fault. For example, if the plaintiff is found to be 20% at fault, their compensation will be reduced by 20%.
How Is Liability Determined In A Premises Liability Personal Injury Case In Oklahoma?
In premises liability cases in Oklahoma, liability is determined by assessing the key elements mentioned earlier and considering any evidence presented by both parties. This can include witness testimonies, photographs or videos of the incident, maintenance logs, and other relevant information.
The court will also consider any applicable laws and regulations regarding property maintenance and safety standards. For example, if a property owner violates a building code that results in an injury, they may be found liable for damages.
It's important to note that each case is unique, and liability will ultimately depend on the specific circumstances and evidence presented. It's always best to consult with a personal injury attorney who can evaluate your case and provide legal guidance.
The goal of premises liability cases in Oklahoma is to hold property owners accountable for maintaining safe conditions on their premises and ensuring the well-being of visitors and guests.
If you have been injured on someone else's property in Oklahoma, it's important to understand your rights and seek legal assistance to pursue any compensation you may be entitled to.
What Types Of Accidents Fall Under Premises Liability?
There are several types of accidents that can fall under premises liability, some of the most common include:
- Slip and Fall Accidents: These occur when someone slips, trips or falls due to a hazardous condition on the property. This can include wet floors, uneven surfaces, slippery stairs, or debris on the ground.
- Dog Bites/Attacks: If a dog attacks or bites someone on the property, the owner may be held liable for any injuries or damages caused. This is especially true if the owner was aware of their dog's aggressive tendencies but failed to take proper precautions.
- Inadequate Security: Property owners have a duty to maintain a safe environment for visitors and guests, which includes providing adequate security measures. If someone is injured or harmed due to inadequate security (e.g. a lack of lighting, broken locks), the owner may be found liable.
- Elevator/Escalator Accidents: Property owners are responsible for maintaining safe and functioning elevators and escalators on their premises. If an accident occurs due to negligent maintenance, the owner may be held liable for any injuries or damages sustained by visitors or guests.
- Swimming Pool Accidents: Property owners must take proper precautions to ensure the safety of those using their swimming pool. This includes providing lifeguards, supervision, and necessary safety measures such as fences and warning signs. If someone is injured in a swimming pool accident due to negligence, the owner may be held liable.
How Does The Status Of The Visitor Affect A Premises Liability Claim?
In a premises liability personal injury case, the status of the visitor plays an important role in determining liability. Generally, there are three categories that visitors fall under: invitees, licensees, and trespassers.
Invitees are those who have been invited onto the property for business purposes or to benefit the property owner in some way. These can include customers at a store or guests at a party.
Licensees are those who have been invited onto the property for social purposes, such as friends or family members visiting someone's home.
Trespassers are those who enter the property without permission and do not have a legal right to be there.
In Oklahoma, invitees and licensees are owed the highest duty of care by property owners. This means that the property owner is responsible for ensuring their safety and warning them of any known hazards on the property.
Trespassers, on the other hand, are not owed this same duty of care. However, if a trespasser is injured due to a willful or wanton act by the property owner (e.g. setting up booby traps), they may still be able to pursue a premises liability claim.
It's important for property owners to maintain safe conditions and adhere to their duty of care for all visitors, regardless of their status. If you have been injured on someone else's property, it's best to consult with a personal injury attorney who can assess your case and help you pursue any compensation you may be entitled to.
What Types Of Damages Can I Recover In A Premises Liability Case?
In a premises liability case in Oklahoma, there are several types of damages that you may be able to recover. These can include:
- Medical Expenses: This can include the cost of any medical treatment, surgeries, medications, or therapy required for your injury.
- Lost Wages: If your injury has caused you to miss work and lose income, you may be able to recover these lost wages in a premises liability case.
- Pain and Suffering: This includes the physical and emotional pain caused by your injury, as well as any lasting effects or disabilities.
- Property Damage: If any of your personal property was damaged in the incident (e.g. cell phone, clothing), you may be able to seek compensation for these damages.
It's important to keep in mind that the amount of damages awarded will vary depending on the specific circumstances of your case. A personal injury attorney can help you determine what damages you may be entitled to and negotiate with insurance companies or represent you in court to ensure you receive fair compensation.
How Long Do I Have To File A Premises Liability Lawsuit In Oklahoma?
In the state of Oklahoma, you generally have two years from the date of your injury to file a premises liability personal injury lawsuit. This timeframe is known as the statute of limitations and varies from state to state. If you fail to file within this period, you may lose your right to pursue compensation for your injuries.
It's important to act promptly and seek legal assistance as soon as possible to ensure your case is filed within the statute of limitations. A personal injury attorney can help you gather evidence, navigate the legal process, and fight for the compensation you deserve.
Premises liability law in Oklahoma is designed to protect individuals who have been injured on someone else's property due to negligence or hazardous conditions. If you have been injured in a slip and fall accident, dog bite incident, or any other type of premises liability case, it's important to seek legal guidance to ensure your rights are protected.
Remember, you may be entitled to compensation for your injuries, but the statute of limitations is only two years in Oklahoma, so act quickly and consult with a personal injury attorney today.
What Should I Do If I Am Injured On Someone Else’s Property?
If you are injured on someone else's property in the state of Oklahoma, there are several steps you should take to protect your health and legal rights:
- Seek Medical Attention: Your health and well-being should be your top priority. If you have sustained injuries, seek medical attention immediately.
- Report the Incident: Make sure to report the accident or incident to the property owner or manager and document any details, such as date, time, and location.
- Take Photos: If possible, take photos of the scene and any contributing factors that may have caused your injury (e.g. wet floor, broken step).
- Gather Evidence: Collect any evidence that may support your case, such as witness statements or video surveillance footage.
- Keep Records: Keep track of all medical expenses, lost wages, and any other costs related to your injury.
- Consult with a Personal Injury Attorney: A experienced personal injury attorney can help you navigate the legal process and fight for your rights to compensation.
By taking these steps, you can protect your health, gather important evidence, and ensure that your rights are protected in the event of a premises liability personal injury case in Oklahoma. So, it's important to follow these guidelines and consult with an experienced attorney who can help you receive the compensation you deserve.
Can I Sue For Injuries Caused By A Dog Bite On Someone’s Property?
Yes, you can sue for injuries caused by a dog bite on someone's property. In Oklahoma, the owner of a dog is strictly liable for any injuries caused by their dog attacking or biting someone. This means that even if the owner had no previous knowledge of their dog's aggressive behavior, they are still responsible for compensating the victim for their injuries.
If you have been bitten or attacked by a dog on someone else's property, it's important to seek medical attention and consult with a personal injury attorney. They can help you navigate the legal process and fight for your rights to compensation.
Premises liability law in Oklahoma allows for individuals who have been injured on someone else's property due to negligence or hazardous conditions to seek compensation for their injuries. This can include damages for medical expenses, lost wages, pain and suffering, and property damage.
It's important to act promptly and consult with a personal injury attorney if you have been injured on someone else's property to protect your rights and ensure fair compensation.
How Can An Attorney Help In A Premises Liability Case?
An Oklahoma personal injury attorney can assist you in many ways when it comes to a premises liability case. They can:
- Investigate the Incident: Attorneys have experience in investigating accidents and gathering evidence that can support your case.
- Determine Liability: A skilled attorney can help determine who is responsible for your injuries and hold them accountable.
- Negotiate with Insurance Companies: Insurance companies may try to offer a quick settlement that is not fair for your injuries. An attorney can negotiate on your behalf to ensure you receive the compensation you deserve.
- Represent You in Court: If a fair settlement cannot be reached, an attorney can represent you in court and fight for your rights to compensation.
With their knowledge of premises liability laws and experience in personal injury cases, an attorney can provide you with valuable guidance and representation to ensure your rights are protected and you receive the compensation you deserve. If you have been injured on someone else's property in Oklahoma, don't hesitate to seek legal assistance from a personal injury attorney.
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