Slipping on wet floors, falling down an unsafe staircase, tripping over torn carpeting, or even being assaulted in an unsecured parking lot are some of the many ways victims can be hurt on someone else’s property. When those injuries occur because of the property owner’s negligence, victims are entitled to receive compensation from the property owner.
If you have been hurt on someone else’s property, an Oklahoma premises liability lawyer from BDIW will help you file a claim against the at-fault party and hold them accountable for paying you the settlement you deserve.
Property Owners or Occupiers May Be Culpable
A successful outcome, getting a fair settlement, only happens if you sue the right party for the damages you sustained after being injured on a property. In premises liability cases, this party is typically the person who owns, leases, or occupies the property where you were injured.
Homeowners
When you own a home, you take on responsibilities beyond paying the bills. You also have to take care to keep your property hazard-free. If there are apparent dangers on your property that any homeowner should reasonably be aware of, such as broken steps or railings, it is your job to warn guests of them, even those guests who show up unexpectedly.
Homeowners are not necessarily expected, however, to carry out comprehensive inspections of their properties for hidden dangers–those not reasonably obvious–that could harm guests.
If you rent a property, you are responsible for keeping it free of hazards in the same way a homeowner is and for warning guests of hazards. When a danger exists outside your purview, you must inform your landlord promptly and should document this communication.
Landlords
Landlords who rent or lease properties to others have a responsibility to disclose any known hazards to the potential renter before entering a rental agreement. If the tenant or another person is harmed by an undisclosed hazard, the landlord should have known about or did know about it and hid it from the renter. The landlord can be held liable for damages.
Further, landlords are responsible for protecting tenants from possible criminal acts by ensuring window and door locks and other safety measures are in working order and for securing parts of the property not under the renters’ control, such as parking lots, stairwells, or lobby areas. If a safety problem is foreseeable, the landlord must take measures to prevent it.
Business Owners
Business owners have a higher level of responsibility toward their customers, called “invitees,” under Oklahoma’s premises liability laws. Business owners actively encourage or invite customers onto their premises as they, the business owners, benefit financially from the invitees’ engagement on their property.
Business owners need to inspect their properties to discover potential dangers and must warn invitees of apparent dangers and those that may be partially hidden. For example, if a grocery store aisle is slippery after cleaning, it should be marked to prevent slip and fall incidents. Amusement park rides must inform guests that certain rides could endanger those who are pregnant or who have back, neck, or heart conditions.
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SPEAK TO AN ATTORNEY TODAYCan Trespassers Sue Property Owners for Injuries?
Property owners do not owe trespassers the same responsibilities they owe guests or invitees. Trespassers enter a property without permission and are therefore responsible for the injuries they sustain while on that property–the property owner does not have a legal duty to keep that trespasser safe.
However, if a property owner “knows or should reasonably know” of a trespasser’s presence on their property, it is illegal for them to harm the trespasser through a “wanton or intentional act.”
That said, when trespassers are children, there are some situations that could leave a homeowner liable for injuries those children sustain.
Additional Homeowner Responsibilities
Some circumstances put additional responsibilities on homeowners to protect those who enter their property–even trespassers.
The Attractive Nuisance Doctrine
An “attractive nuisance” is something on a property that could entice a child to enter that property and put themselves at risk. Swimming pools, trampolines, playground equipment, and even old cars are examples of attractive nuisances. Children are considered too young to anticipate the risks they bring.
Homeowners must take measures to secure their property and keep children safe. Trampolines should be guarded with netting or fencing, for example.
Oklahoma property owners with swimming pools must comply with regulations established by the Oklahoma Swimming Pool Safety Act to protect children (or others) from accidental drownings and protect themselves from liability.
Dog Bites
Property owners with dogs are liable for damages suffered should the dog bite or injure a person who is on the property lawfully and who has not provoked the dog. This law protects guests, mail carriers, utility workers, or others working on the property at the owner’s request.
An Oklahoma Premises Liability Lawyer Will Handle Your Claim
It is best to have an experienced premises liability lawyer in Oklahoma handle your claim. Even in cases where negligence is clear-cut, you can expect the at-fault party to push back, claiming you should have been more careful, that the property owner could not have “reasonably known” about the hazard, or that they did not have enough time to fix the problem. You need an advocate who knows the law and can hold the negligent parties accountable.
Other cases are less clear-cut, and you need an attorney who can investigate the situation to pinpoint the negligent party. Perhaps you slipped in an icy parking lot–is the business owner negligent, or is the company the business owner hired to clear the lots on time responsible?
Do not risk filing incorrectly and losing out on a settlement. An Oklahoma premises liability attorney from BDIW has the skills and resources needed to identify the negligent party and build evidence to prove their culpability.
Protecting Oklahoma’s Injury Victims
For decades, the team at BDIW has successfully advocated for Oklahoma residents injured because of negligent property owners, and we are ready to fight for you. Call or message us to schedule a free consultation with a tough, experienced Oklahoma premises liability lawyer who will handle your case from start to finish.
