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Wirth Law Office - Tulsa Tulsa Attorney Blog
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Does the Type of Shoe That You Were Wearing During a Premises Liability Incident Matter?
We’ve had some clients who were wearing skidproof workboats but were still the victim of a premises liability incident because there was very clear soap on the floor that they didn’t see.
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If a Person Is Driving a Vehicle off the Clock, Is the Company Still Partially Liable?
I’ve had some clients in the past who that was exactly the case. A person was driving. They were at a stoplight. The other person rear-ended them. They weren’t on the clock at the time, but the vehicle was owned by his company.
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Is Security Camera Footage Important if You Fall in a Store?
Now, we’ve all heard the old phrase, “A picture’s worth a thousand words,” but I’m here to tell you, a video can be worth a thousand pictures.
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Should You Get Employee Contact Information if You Fall at a Store?
One of the things that you can do, after you make sure your immediate medical needs are taken care of, is to see what store employees are around, or maybe, ideally, the ones who were there when the incident happened. And you can just briefly ask them, and always be as polite as you can, “Hey, could I get your contact information?”
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If a Person Hits Me With Their Car and They Are on the Clock, Is Their Company Liable Too?
Now in the past, I’ve had a person who was on their way to work and another person who is making a delivery for their employer struck our client and the other person was on the clock at the time. They were within the scope of their employment. This fell under what’s called respondeat superior, meaning their employer was partially responsible because the person was acting in the line of duty for their employer. As such, the employer was also a responsible entity in our client’s claim.
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Is There a Requisite Blood Quantum for McGirt Relief?
There is a certain level of Indian blood in order to qualify for relief under the United States Supreme court precedent in the McGirt case.
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Attacked by a Drunk Person? Is the Place That Gave Them Alcohol Liable?
If there is an individual who is noticeably intoxicated yet they still provide them alcohol they could potentially be held liable for what that individual does.
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Can the Court Delay a McGirt Dismissal to Allow Time for Charges in Federal or Tribal Court?
There are the two main things that the Oklahoma Court of Criminal Appeals needs in order to find that the state lacked jurisdiction based on the McGirt precedent.
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McGirt: Can Subject Matter Jurisdiction Ever Be Waived?
United States Supreme Court decided that the historical boundaries of the Muscogee Creek Tribal Reservation were never disestablished.
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Hit by a Drunk Driver? Is the Place That Provided Them Alcohol to Blame?
In Oklahoma, we have a series of laws called DRAM shop laws that relate specifically to this issue. Now, historically, a DRAM shop is anywhere that provides alcohol to an individual, be that a convenience store, a liquor store, restaurant, anything like that. And if those establishments provide alcohol to a noticeably intoxicated person, there’s a chance that they might be liable for what that person does.
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Will You Be Incarcerated for Violating Misdemeanor Probation?
What is the likelihood that you’re going to be incarcerated if you’re found to violate your probation on a misdemeanor? Is that a 100% chance? And the answer is it’s definitely not a 100% chance.
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Oklahoma Law: Life Imprisonment for Using Drugs While Pregnant?
Life imprisonment for using drugs while pregnant. Tulsa criminal defense attorney James Wirth has that easy answer.
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Whose Consent is Needed for Adult Adoption in Oklahoma?
So adult adoptions in Oklahoma are fairly straightforward and they can oftentimes move forward pretty quickly because there’s not a lot of notice requirements and consent requirements.
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Does Oklahoma Law Allow Adult Adoption?
Oklahoma law does allow for adult adoption. The person being adopted does not have to be a minor in Oklahoma, and actually completing an adult adoption can be much simpler than the adoption of a minor.
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Is Your Tulsa County Court Case Getting a New Judge on 1/4/2021?
Every so often the presiding district judge in Tulsa County decides to rotate the special judges and move them on different dockets.
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Wirth Law Office
Tulsa,OK 74119
Toll Free: 1 (888) 947-8452
Facsimile: 1 (918) 879-1682
Email: firm@wirthlawoffice.com
James M. Wirth
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