You do not expect to be injured in a slip-and-fall accident when you visit another person’s property or go to their business. A slip and fall accident falls under the umbrella of premises liability law and you may be able to collect damages for injuries you sustained on another person’s property.
The owner of the property may be liable if the property contains a hazard or defect. However, Oklahoma law provides several potential defenses property owners can use to try and limit or avoid liability. An Oklahoma City slip and fall accident lawyer understands these defenses and can build your case around these.
If you have been injured in a slip-and-fall accident in Oklahoma City, it is important to understand how these laws work.
Lack of Notice Defense
One valid defense to a premises liability claim is “lack of notice.” This means the property owner did not have actual or constructive notice of the condition that caused your injuries.
To be successful in a premises liability suit, you must show that the owner knew or should have known of the danger and failed to either warn visitors or fix the problem within a reasonable period.
There is no exact time requirement defining what is a reasonable period for an owner to have discovered and corrected the danger. The unique facts of each Oklahoma City injury case will determine whether liability exists.
Open and Obvious Doctrine
Another defense to this type of claim is the “open and obvious” doctrine. It provides that an owner does not have a duty to protect visitors or to warn them about dangers that are open and obvious to a reasonable person.
The theory is that a person should have seen and avoided the danger by acting with reasonable care. An example of this situation could be a large, open hole in the parking lot of a business. If it is clearly visible (obvious and open) to someone acting reasonably, then the property owner may not be liable for injuries caused by it.
There are exceptions to this defense such as if the injury was reasonably foreseeable to the landowner. The specific circumstances of an injury incident will determine liability.
Comparative Negligence Defense
Comparative negligence is one of the most common defenses raised by defendants. The property owner may use this defense to avoid some or all liability by arguing that the injured person was fully or in part responsible for causing the accident through their negligence.
If the injured party is found to be partially at fault, the damages awarded for their injuries would be reduced by the percentage of fault assigned to them. Under Oklahoma’s modified comparative negligence law, if a plaintiff is fifty percent or more at fault, they are barred from recovering any compensation.
Trespasser Liability Defense
A property owner may not be liable for injury to a person who was trespassing on their property when injured. Again, there is an exception to this defense if the owner acted willfully, wantonly, or with gross negligence.
Recreational Use Defense
Landowners who allow the public to use their property for recreational use have immunity under Oklahoma law. An example of this could be campgrounds, parks, or hiking trails open free of charge to the public.
Under the Oklahoma Recreational Use Statute, some landowners do not have a duty of care to keep their property safe for public recreational use. In this situation, the property owner has no duty to warn of a dangerous condition on the premises.
As with most defenses, there are exceptions to the Recreational Use Statute. For example, if the landowner willfully or maliciously failed to warn against an ultra-hazardous condition.
If you have suffered an injury from a slip and fall in Oklahoma, you may have a claim to recover compensation for your injuries. However, Oklahoma law provides valid defenses for property owners in premises liability cases so knowing how to counter these will make a successful slip and fall case. The unique facts of each slip and fall case will determine liability. You should seek the advice of an experienced Oklahoma premises liability attorney to discuss your case.