If you are reading this, the chances are that you or a loved one has suffered an injury on someone else’s property, due to a hazard or a dangerous condition on the premises present due to the owner’s negligence. My name is Vivid Niroula and I am a premises liability lawyer based in Oklahoma City. My passion is to advocate for clients like you who have suffered physical injury or economical loss on someone else’s property and fiercely advocate to get you the justice and compensation you deserve.

Through this article I aim to give a bird’s eye view of what a premise liability lawsuit looks like, if you are looking for information on slip and fall lawsuits instead, please read my other article on the topic: Slip and Fall Injury Lawsuits.

What is premises liability in Oklahoma?

Simply put, if you entered someone’s property with the owner’s permission, and you get hurt while on the property because of the owner’s negligence, you have the right to pursue a financial claim against the owner of the premise – such a lawsuit is also known as a premises liability claim. There are hundreds of instances where a landowner may be held responsible for his or her injuries under the premises liability, however here are the most common ones:

  1. Animal and dog bites,
  2. Slip and falls,
  3. Inadequate security,
  4. Inadequate maintenance,
  5. Poor lighting, etc.

What must you prove to win a premise liability case?

A premise liability case is a negligence case, where the Plaintiff must prove that the property owner (1) owed a duty to the Plaintiff, (2) which he or she breached, (3) causing injury, and (4) incurring economic and physical damages to the Plaintiff. Every property owner has a duty to keep his property free of hazards or to notify others about a potentially dangerous condition on the land. The standard of care the owner owes to a person depends on the status of the person, meaning it depends on whether the person is an invitee, licensee, or trespasser. If you would like to learn more about these three statuses and the duty owed to each, please read my other article, which explains who an invitee, licensee, or trespasser is.

What are the common reasons for premise liability lawsuits?

It’s close to impossible to list all possible ways someone can be hurt on another person’s property, but we see a lot of premise liability cases stem from the following:

  1. Broken steps,
  2. Torn carpet,
  3. Broken handrail,
  4. Wet floor,
  5. Falling objects,
  6. Toxic chemicals,
  7. Unsupportive structures,
  8. Animal attacks, etc.

Can a Plaintiff recover under a premise liability suit if he or she is also at fault?

Yes, the Plaintiff may recover under a premise liability suit, if the injury to him or her was partially their fault. However, it’s important to note that Oklahoma is a comparative fault state, which means that the Plaintiff may recover from the negligent property owner for her injuries as long as the fault attributed to her is not 50% or more. For example, if a customer slips and falls at a grocery store breaking her neck, but she could have avoided the injury if she was paying attention and the jury attributed her with 20% fault, then she may recover under the comparative fault regime – however, her compensation will be reduced by the percentage equal to her fault. If the jury awarded her a $100,000 verdict, after attributing a 20% fault to her, she will be entitled to $80,000 instead. But if the jury attributed a 51% fault to her, then she will not be entitled to any compensation.

OKC Personal Injury Attorney

As an OKC personal injury attorney and an Oklahoma City premises liability attorney, we have a solid understanding of Oklahoma premise liability laws, maintain the highest level of customer service, and move quickly on these matters. We work on premises liability cases on a contingency fee basis, which means we don’t get paid until we get you the compensation you deserve. If you or a loved one has suffered an injury on someone else’s property, and are seeking for a fierce advocate to take on your case, please contact Vivid Niroula at Niroula Law by calling (405) 456-9250, emailing vivid@niroulalaw.com, or filling out the Contact Us Form on this website.