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Property Owner Liability
If you have been involved in an accident on the property of another person or business, the circumstances of the accident are key to a property owner lawsuit. If the owner of the property exercised due diligence to prevent an accident then there may not be grounds for compensation. However, the owner of the property was negligent in the maintenence and care of the property that results in an injury they may be held liable for damages. If you are injured as the result of an accident in Oklahoma on the property of another contact an experienced Oklahoma personal injury attorney.
Property owner liability cases involve injuries received while on someone else’s property. Oklahoma property owners and businesses have a duty to maintain a safe property for customers, pedestrians and other visitors and effectively warn them of possible dangers. These types of cases most often involve slip and fall accidents: when a defective condition, foreign substance, or object causes a fall, you need an Oklahoma property owner's liability personal injury lawyer.
When a visitor to a property suffers a preventable injury, Oklahoma laws regarding property owner liability determine the responsibility of the property owner or manager; the law applies both to Oklahoma residences and places of business. The key to winning your case is proving the property owner or manager was negligent and your injury resulted from their negligence.
The following injurious situations are examples of premises liability:
- Slip-and-falls caused by slippery floors or standing water, ice, or snow
- Trip-and-falls caused by damaged or uneven walkways, slippery stairs, or poor upkeep
- Inadequate security (lights, surveillance) resulting in a preventable assault by a third party
- Construction site injuries, particularly those involving persons other than workers
- Products falling off of shelves at a store
In order to win your case you must prove negligence by the owner of the property, but it can be difficult. One reason is that a property owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and your injuries, and write down the names and addresses of any eyewitnesses.
A property owner is not responsible simply because someone was injured on his or her property. The property owner has to be proven negligent. The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person can prove:
- The condition of the property was dangerous.
- The owner knew, or should have known, about the dangerous condition.
- The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious to the injured party at the time of the accident.
What duty of care does the owner have?
The owner’s duty of care depends on the victim’s status on that property. The victim could have been a:
- Business invitee who is there for the mutual economic growth of both parties
- Social visitor who is there by invite and not for the owner’s economic growth
- Illegal trespasser who is on the premises without permission
Generally, the property owner owes the highest duty of care to the business invitee, and the lowest to the trespasser.
If you have been injured due to the negligence of a property owner in Oklahoma you need an experienced attorney to handle your case. Contact us at our Tulsa office via email or call 918-587-8700 for a free consultation.
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Adams Law Office PLLC
525 S Main Ste 525
Tulsa, Oklahoma 74103