Tulsa attorney James Wirth joined Josh and Chuck on the Morning Edge at z-104.5 He fielded questions about dog bites, roommate breakups, broken chairs at work and collecting unemployment after getting fired.
It is often the case that a simple question does not have such a simple answer. In the case of roommates who broke up, Attorney James Wirth answered that he would want to know whether the couple had represented themselves as married under common law. Questions about common law marriage frequently arise in his family law practice, he said.
Dog bite lawsuits in Oklahoma tend to favor of plaintiffs — the bitten person who files a claim — because the state holds a “strict liability” standard, attorney James Wirth explained. Exceptions include cases when a person provokes a dog or when a person is unlawfully in the place where the dog bite occured.
Strict liability is also a factor in workers compensation claims, Mr. Wirth said. Employees injured on the job do not have to prove an employers negligence led to an injury — only that they were on the clock, on the job, not involved in horseplay and not injured as a result of drug use.
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