It is a property owner’s responsibility to take a reasonable amount of care of their space. If you get hurt due to a hazard on a property, you may be able to sue the owner. To do so, partner with an Salpupa personal injury lawyer.
BDIW Law can connect you with an experienced Sapulpa slip and fall accident lawyer, OK. Our attorney can review your case. To get started, contact us today.
Sapulpa Premises Liability Laws
Premises liability is defined under Oklahoma Statutes §76-80. A property owner’s level of liability if someone gets hurt on their land depends on the category of the person who suffered the injury. Oklahoma has three categories for those who get injured on another person’s property:
An invitee is allowed to go to a property for business purposes. For example, you may go to a grocery store to shop for food. In this example, you are an invitee at the store, and the owner of the shop may be held responsible if you get hurt on their premises.
If you are a licensee, you go to a property for a social reason or a purpose that is unrelated to business. For instance, you may attend a party at someone’s home. In this instance, you are a licensee at the home, and the homeowner may be accountable if you suffer an injury at their residence.
For those who trespass on someone else’s property, they are unlikely to be able to get compensation if they slip, fall, and get hurt. In most instances, a property owner does not owe a duty of care to an individual who illegally enters their premises. However, there are some exceptions.
One exception to premises liability claims involving trespassers relates to children. If a kid goes onto a property because they see a swimming pool or another attractive nuisance and suffers a slip and fall injury, the owner may be considered negligent. The child’s parents can submit a slip and fall accident claim against the owner and may have a valid claim for compensation.
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Reasons to Sue a Negligent Property Owner
You can suffer a traumatic brain injury (TBI), broken bones, and other injuries if you slip and fall on someone’s property. The accident that led to your injuries may have happened due to no fault of your own. If a property owner is negligent, they may contribute to your accident and injuries in several ways, such as:
- Failing to address hazardous property conditions. Slippery floors, uneven surfaces, and other property issues can increase the risk of a slip-and-fall accident.
- No warning. If an owner does not tell you about property dangers and you slip and fall, you may be eligible for compensation.
- Lack of maintenance. When an owner does not clear debris from their walkways and perform other maintenance, a court may see them as negligent.
To prove negligence in a premises liability lawsuit, you must show that the owner of a property had a duty of care that was breached. The duty verifies the fact that the owner was required to take care of their space. It gets breached when the owner ignores or chooses not to take a sufficient amount of care of their property.
Along with these things, you must verify that the owner’s breach of their duty of care led to your slip and fall accident and injuries. You must also show that you suffered economic losses, pain and suffering damages, or both. A slip-and-fall accident lawyer in Sapulpa can help you gather evidence, collect witness statements, and build a case that shows the owner was negligent.
When to File a Slip and Fall Accident Lawsuit
According to Oklahoma Statute §12-95, you have a maximum of two years from the date of your slip and fall accident and injury to sue. If you decide not to file your claim within this time frame, you cannot do so at a later time. At this point, you are 100% responsible for the costs associated with your incident.
A Sapulpa slip and fall accident attorney can calculate your damages, and then file your claim. You can ask for any amount of economic and non-economic compensation. Common types of damages requested in premises liability lawsuits include:
- Medical bills
- Lost wages
- Loss of earning capacity
- Emotional trauma
You are responsible for the burden of proof in your lawsuit. To receive damages, you must explain to a court why the defendant was negligent, how they caused your accident and injury, and why you deserve compensation. In the best-case scenario, a slip-and-fall accident attorney in Sapulpa can help you present an argument that resonates with a judge or jury, which allows you to secure the full amount of compensation that you requested.
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How Modified Comparative Negligence Works
Oklahoma applies modified comparative negligence to personal injury lawsuits. It follows a “50 percent rule.” This means you must show that the defendant was primarily responsible for your accident and injury to receive compensation in your slip and fall accident case.
If you bring your case to court and prove the defendant was fully responsible, expect a judge or jury to award you all of the damages you requested. On the other hand, if you are found to be primarily responsible, you will not receive any damages. If you are considered less than 50% responsible but still partly accountable, the compensation that you receive is reduced by your percentage of fault.
Hire a lawyer who understands that reckless and negligent actions can have serious consequences. Your attorney can work with you to prepare an argument that shows you are in no way responsible for your slip and fall injury. They also provide legal tips, recommendations, and insights throughout your litigation.
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Meet with a Sapulpa Slip and Fall Accident Lawyer
Scheduling a consultation with a Sapulpa slip and fall accident attorney is a great first step in evaluating your legal options. BDIW Law makes it easy to connect with a premises liability lawyer. To request a free consultation, contact us today.
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