Slip and fall accidents can happen anywhere, often resulting in serious injuries that can impact your life for years to come. If you have suffered a slip and fall accident on someone else’s property in Oklahoma, you might be wondering if you have legal recourse to seek compensation for your injuries. The answer to this question depends on various factors, including the circumstances of your accident and the legal responsibilities of the property owner. Understanding these elements is crucial to determining whether you can pursue a lawsuit for your slip and fall injury.
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James V. Murray
Understanding Premises Liability in Oklahoma
In Oklahoma, slip and fall cases fall under the umbrella of premises liability law. Premises liability refers to the legal responsibility that property owners have to ensure their property is safe for visitors. This responsibility extends to a variety of properties, including private residences, commercial establishments, and public spaces. The fundamental principle behind premises liability is that property owners owe a duty of care to those who enter their premises. This duty of care requires property owners to maintain their property in a reasonably safe condition and to address any hazards that could potentially cause harm to visitors.
Determining Liability in a Slip and Fall Case
To successfully sue for a slip and fall accident on someone else’s property in Oklahoma, you must establish that the property owner was negligent in maintaining their property. This involves proving that the owner knew or should have known about the hazardous condition that caused your fall and failed to take appropriate steps to remedy it. There are several key elements that must be demonstrated to establish liability in a slip and fall case.
First, you must show that the property owner owed you a duty of care. This duty varies depending on your status as a visitor. Oklahoma law categorizes visitors into three main categories: invitees, licensees, and trespassers. Invitees are individuals who enter the property for business purposes, such as customers in a store. Licensees are those who enter the property for social reasons, like guests at a party. Trespassers are individuals who enter the property without permission. Property owners owe the highest duty of care to invitees, a moderate duty to licensees, and a minimal duty to trespassers.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.” - Roger Buchanan The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!" - Tiara Rich Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended." - Alicia Mayfield
Proving Negligence and Causation
Once you have established that the property owner owed you a duty of care, the next step is to prove that they breached this duty. This involves demonstrating that the owner either created the hazardous condition, knew about it and failed to address it, or should have known about it through reasonable inspection and maintenance. It is important to gather evidence that supports your claim, such as photographs of the hazard, witness statements, and maintenance records.
In addition to proving that the property owner was negligent, you must also establish causation. This means showing that the hazardous condition directly caused your slip and fall accident and resulting injuries. Medical records, accident reports, and testimony can help demonstrate the link between the hazardous condition and your injuries. Without clear evidence of causation, it can be challenging to hold the property owner liable for your injuries.
Comparative Negligence in Oklahoma
Oklahoma follows the doctrine of comparative negligence, which means that your own actions may be considered when determining liability and damages in a slip and fall case. If you are found to be partially at fault for your accident, your compensation may be reduced by your percentage of fault. For example, if you were distracted or not paying attention to where you were walking at the time of the accident, the court may assign you a percentage of fault. It is important to note that if you are found to be more than 50% at fault for the accident, you may be barred from recovering any compensation.
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Types of Compensation Available in Slip and Fall Cases
If you are successful in proving that the property owner was negligent and that their negligence caused your injuries, you may be entitled to various types of compensation. This can include medical expenses, both current and future, related to the treatment of your injuries. You may also be eligible for compensation for lost wages if your injuries prevent you from working. Additionally, you may be entitled to damages for pain and suffering, which accounts for the physical and emotional distress caused by the accident. In some cases, punitive damages may be awarded to punish the property owner for particularly egregious conduct.
Steps to Take After a Slip and Fall Accident
If you have been injured in a slip and fall accident on someone else’s property, it is important to take certain steps to protect your rights and strengthen your case. First and foremost, seek medical attention immediately. Not only is this crucial for your health, but it also creates a record of your injuries that can be used as evidence. Report the accident to the property owner or manager and request that they document the incident. If possible, take photographs of the hazard that caused your fall and gather contact information from any witnesses.
It is also advisable to keep a detailed record of all expenses related to your injury, including medical bills, prescription costs, and any other out-of-pocket expenses. This documentation will be essential in supporting your claim for compensation. Avoid discussing the details of your accident or injuries with insurance adjusters or representatives of the property owner without consulting an attorney first. Anything you say can be used against you in your case.
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The Role of an Attorney in Slip and Fall Cases
Navigating the legal complexities of a slip and fall case can be challenging, especially when dealing with insurance companies and opposing legal teams. An experienced personal injury attorney can provide invaluable assistance in building a strong case, gathering evidence, and negotiating with insurance companies on your behalf. They can also help you understand your rights and options, ensuring that you receive fair compensation for your injuries.
Contact Murray Law Firm Today — and Let Us Fight for You
At Murray Law Firm, we understand the physical, emotional, and financial toll that a slip and fall accident can take on your life. Our dedicated team of attorneys has extensive experience handling premises liability cases in Oklahoma and is committed to fighting for the rights of injured individuals. We will work tirelessly to investigate the circumstances of your accident, gather the necessary evidence, and build a compelling case to hold the negligent property owner accountable.
Our goal is to secure the maximum compensation available for your injuries, including medical expenses, lost wages, and pain and suffering. We believe in providing personalized attention to each of our clients, ensuring that you receive the support and guidance you need throughout the legal process.
If you or a loved one has been injured in a slip and fall accident on someone else’s property, do not hesitate to contact Murray Law Firm. Our team is ready to provide you with a free consultation to discuss your case and determine the best course of action. Contact us today to take the first step towards securing the compensation you deserve.