Navigating Premises Liability Law in Tulsa, OK

Introduction

Premises liability law is a concept that holds the owners and occupiers of premises liable for accidents and injuries caused on their property as a result of dangerous and unsafe conditions. In Tulsa, OK, the claims usually handled for premises liability cases can be as broad as slip and fall accidents and as narrow as inadequate security. This article explores some of the critical features of premises liability law and provides some guidance on how one may go about pursuing a claim.

What is Premises Liability?

Premises liability is the duty of care imposed on property owners and occupiers to keep their properties safe. If an injury were to be effected upon one’s premises due to hazardous conditions, then it might render the owner or the occupier liable for the injuries to the particular person.

Basic Types of Premises Liability Lawsuits

Slip and Fall Accidents

Whenever a person slips, trips, or falls, it is likely due to hazardous conditions that exist in environments such as slippery floors, uneven grounds, or debris.

Inadequate Security

Property owners could be responsible when it is deemed that inadequate security measures or standards might lead to criminal activities, such as assault or robbery, on the property.

Dog Bites

If the owner fails to control the dog or warn of its propensity to bite, injuries from dog bites can be actionable against them.

Swimming Pool Accidents

A property owner having a swimming pool should take all necessary measures to prevent accidents and injury, like putting up proper fencing and warnings.

Elevator and Escalator Accidents

Property owners are duty-bound to ensure that elevators are adequately maintained and safe to use.

Legal Standards for a Premises Liability Case

1. Duty of Care: A property owner is under a duty to take reasonable care of a visitor, which depends on the visitor’s status as an invitee, licensee, or trespasser.
2. Breach of Duty: Failure of the property owner to show the proper duty of care in promising safe conditions by keeping the place where the injury occurred well maintained.
3. Causation: The plaintiff must prove that the breach of duty has directly caused their injury.
4. Damages: The plaintiff needs to show that they incurred some form of expenses or damages like medical expenses, lost wages, and pain and suffering.

What to Do After a Premises Liability Accident

1. Seek Medical Attention: Immediate medical attention is crucial both for health needs and for documenting injuries.
2. Report the Incident: Advise the property owner or manager of the accident and ensure that an incident report is filed.
3. Gather Evidence: Collect evidence, such as photos showing the hazardous condition, written statements of the witnesses, and medical records.
4. Contact a Lawyer: Retaining an attorney who practices premises liability is essential.

Premises Liability Claim Process

1. Initial Consultation: Meet with the attorney to discuss the case’s specifics and for the attorney to evaluate your legal options.
2. Investigation: Your attorney will carry out relevant investigations to gather evidence and build your case.
3. Filing the Claim: A formal claim is submitted to the parties concerned, including the insurance company insuring the property owner.
4. Negotiation: This is where the attorney bargains with the insurance companies or the other parties for an outside-court settlement.
5. Litigation: If a settlement has not been achieved, then the case may go to court and may be tried.

Choosing the Right Premises Liability Attorney

1. Experience: Look for an attorney with a good deal of experience handling premises liability cases.
2. Reputation: Investigate the attorney’s reputation based on clients’ reviews, professional ratings, and references.
3. Specialization: Ensure the attorney specializes in premises liability law.
4. Communication: Choose a lawyer with good communication skills who will ensure you are not in the dark about the process and procedure.

Conclusion

Premises liability law in Tulsa, OK, ensures that the owner of a property is answerable to whatever may befall any place that they own. Not knowing the legal standards, typical cases, and the process to follow after an accident will be a barrier to a victim who wants to pursue a claim to satisfaction.

For more information on premises liability law, visit the National Safety Council’s Premises Safety Page.

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