Premises liability refers to the legal responsibilities of people who own or control real property to protect others from harm from their properties. If a property owner or manager fails to uphold these duties and someone is injured as a result, they can be held liable for the damages the victim suffered. If someone dies, they can be held liable for the death that occurred.
Premises liability claims can be complex, so it is in your best interest to speak to a personal injury lawyer with experience with these type of claims if you are considering taking legal action. Here is what to know about premises liability claims in Oklahoma City.
What Situations Do Premises Liability Claims Arise in Oklahoma City?
Premises liability can arise in situations in which you are visiting a store, mall, restaurant, business, or other commercial establishment. Likewise, it can arise if you slip and fall while on public property or in a government building. It can also arise if you are injured while visiting a friend at their residence.
Slips and falls, burns, and even attacks by animals like dogs, or even criminals may all fall under the umbrella of premises liability claims. These legal claims arise when a person is injured due to a dangerous condition on the property, such as:
- Cracked pavement
- Wet or slippery floors
- Loose floorboards
- Missing or broken handrails
- Cluttered walkways
- Insufficient lighting
- Exposed wires
- Inadequate security
- Unprotected pool area
If you were injured on someone else’s property due to a hazardous condition, you may have legal grounds for a premises liability claim.
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How Does Legal Status of the Visitor Change Duties of Care in OKC?
In Oklahoma, the property owner’s duty of care depends on the legal status of the injured visitor. Property owners have different legal duties, depending on the visitor’s status, as follows:
- Invitees – An invitee is someone who has been asked to come onto the property by the owner explicitly or implicitly. A customer at a store is an example of an invitee. Property owners owe the highest duty of care to invitees and must warn them of known hazards and conduct inspections to find unknown hazards to remedy them.
- Licensees – A licensee is someone who has permission to be on the property, often for the mutual benefit of the licensee and the property owner, such as a meter reader or delivery person. Property owners must warn these visitors of known hazards on the property.
- Trespassers – A trespasser is someone who does not have permission to be on the property. The only duty that property owners owe trespassers is not to harm them intentionally.
If you were injured while visiting someone else’s property, an experienced Oklahoma City premises liability lawyer can conduct a thorough investigation to determine the cause of your injuries and what the property owner knew. They can seek to hold them accountable for your injuries, too.
Common Injuries from Premise Liability Accidents
The injuries from slips and falls can vary dramatically from one situation to the next, with lucky victims only suffering minor injuries, such as scrapes and bruises, and others suffering catastrophic injuries, such as paralysis. Slips and falls can lead to many serious injuries, including the following:
- Traumatic brain injuries: Head injuries can occur when a victim falls and impacts their head. Some victims may sustain traumatic brain injuries, which can lead to expensive medical bills, an altered personality, and a diminished quality of life.
- Spinal cord injuries: Because many accident victims fall on their back, spinal cord injuries are unfortunately common in slip-and-fall accidents. Spinal cord injuries can cause partial or complete paralysis and other serious and life-altering effects.
- Back injuries: Even when the spinal cord is not damaged, back injuries can still occur, including a broken or sprained back. This serious injury can result in prolonged periods of time away from work or even the inability to return to the same profession.
- Broken bones: The human body is not intended to withstand a strong brunt force. Slips and falls often result in broken arms, legs, hips, pelvic bones, wrists, ankles, and other broken bones.
- Soft tissue injuries: Sprains, strains, and tears in the muscles, tendons, or ligaments can result in painful injuries.
- Severe burns: Burns are one of the most painful injuries that premises liability accident victims may suffer. Accident victims may incur exorbitant medical costs associated with skin grafts and reconstructive surgery.
- Scarring and disfigurement: Some premises liability accidents can lead to disfiguring injuries that harm a person’s appearance and self-image.
Financial Compensation Available for Premises Liability Injury Victims in Oklahoma City
Our Oklahoma City premises liability attorneys work diligently to secure maximum compensation for all of your accident-related injuries and losses, including:
- Medical expenses: Past medical bills for surgeries, ambulance rides, doctor visits, ongoing medical treatment, physical therapy, and future medical expenses
- Lost wages: Lost income for the time your injuries kept you out of work
- Reduced earning capacity: Any diminishment in your long-term earning power caused by the injuries
- Non-economic damages: Financial compensation for physical pain and suffering, mental anguish, and emotional distress
Proving Negligence in an OKC Premises Liability Accident
To recover compensation for the damages you sustained, you must be able to show that the property owner was negligent. You must have clear proof of the following:
- The property owner had a legal duty to maintain their premises in a safe condition.
- The property owner knew about a hazard, created a hazard, or should have known about a hazard on the property but failed to correct it.
- The hazardous condition on the property injured you.
- You suffered harm due to the dangerous condition.
Statute of Limitations for Personal Injury Lawsuits in Oklahoma
The statute of limitations is the deadline by which you must file a lawsuit to preserve your right to compensation. If your premises liability claim has not settled, you must file a lawsuit within two years of the accident date. If you fail to do so, you can forfeit your right to recover compensation for your injuries.
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An Experienced Oklahoma City Premises Liability Attorney Can Help
Were you recently injured while visiting someone else’s property? If so, you might have the right to compensation for your medical expenses, lost wages, pain, suffering, and other damages. Contact Oklahoma Injury Law today or call (405) 310-8800 for a free case evaluation to review your legal options.