Every day, Oklahomans encounter property owned or occupied by third parties. The third party may be a friend or a business owner. Your presence on the property may be to visit friends or conduct business. No matter what your reason for being on the property, property owners and renters owe you various duties to prevent injuries.
Premises liability is the legal term for cases involving personal injuries resulting from unsafe conditions on the property or failing to warn of unsafe conditions on the property. The most common premises liability case involves a slip and fall.
The slip and fall attorneys at Toon Law Firm have extensive experience pursuing slip and fall cases against property owners and renters. The first step in any slip and fall case is to identify the reason you were on the property. The reason — your “status” — will dictate the level of care that is required from the property owner. In Oklahoma, the 3 legal statuses in premises liability cases are invitee, licensee and trespasser.
The Oklahoma Supreme Court has established several factors to determine whether a duty to exercise care exists. These are:
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Invitee - An invitee is one who is on the property at the express or implied invitation of the owner or occupant of the property for some purpose in which the owner or occupant has some interest of business or commercial significance, which business may be of mutual interest, or in connection with the owner’s or occupant’s business. In non-legal terms, this applies to those instances where you are shopping or engaging in a business transaction.
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Licensee - A licensee is one who is on the premises of another by permission of the owner or occupant for purposes in which the owner or occupant has no business or commercial interest. In non-legal terms, this usually applies if you are at a friend’s house.Trespasser – A trespasser is one who is on the property without permission of the owner or occupant.
Your legal status on the property is important, as it will govern the duties owed to you by the property owner or occupant. In Oklahoma, property owners and occupants owe the following duties:
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Invitee - It is the duty of the owner or occupant to use ordinary care to keep the premises in a reasonably safe condition for the use of any invitees. It is the duty of the owner or occupant to either remove or warn the invitee of any hidden danger on the premises that the owner or occupant either knows about, or that they should know about in the exercise of reasonable care, or that was created by them or any of their employees who were acting within the scope of their employment. This duty extends to all portions of the premises to which an invitee may reasonably be expected to go.
In non-legal terms, a business generally needs to remove or warn of dangerous objects or conditions, such as tripping hazards or unsecured items. Businesses need to routinely inspect the property to identify dangerous conditions so they can be removed or addressed in a warning.
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Licensee - The owner or occupant of property has a duty to not injure a licensee, whose presence on the premises is known or reasonably should be known:
- By a willful or wanton act.
- By needlessly exposing them to danger by a failure to warn of any hidden danger on the premises that is known to the owner or occupant and that the licensee is not likely to discover by themselves.
- This duty is limited to any hidden danger that the owner or occupant knows about, and the owner or occupant has no duty to inspect the premises for hidden dangers.
(In non-legal terms, this situation will apply if your friend intentionally hurts you or knows that the television on the wall is secured with only one bolt but does not warn you. However, if your friend does not know the television is secured by one bolt, they likely do not have a duty to inspect it.)
- Trespasser – The owner or occupant of property has no duty to make the premises safe for a trespasser. However, an owner or occupant of premises does have a duty to a trespasser whose presence on the premises is known or reasonably should be known, not to injure the person by a willful, wanton, or intentional act.
It is important to note that these duties and responsibilities will change if the premises liability claim involves a minor child.
Based upon the duties outlined above, most premises liability cases involve invitees. Common examples of cases involving invitees are:
- Gas stations
- Restaurants
- Grocery stores
- Gyms
- Hospitals
- Salons
- Pharmacies
Slip and falls can occur for numerous reasons. Common examples include:
- Wet or oily floors
- Faulty construction resulting in a tripping hazard
- Loose mats or rugs
- Items left on the floor
- Uneven steps or walking surfaces
- Weather hazards
- Obstructed views
- Poor lighting
- Hidden cables
- Other code violations
Slip and falls can result in minor injuries such as scrapes and bruises, to major injuries including herniated disks, broken bones and muscle tears. In some instances, slip and falls will result in the need for surgery. The experienced slip and fall lawyers at Toon Law Firm can help you determine if you have a case. It is important to get your case moving quickly to preserve and protect video or other evidence that may help your case.
