Slip and fall accidents in Tulsa, Oklahoma can get complicated. The property owner may be at fault, the plaintiff may be at fault, or both the plaintiff and the property owner could share responsibility for the injury arising from a slip and fall.
If you or a loved were injured in a slip and fall accident away from home, talk to a Tulsa premise liability lawyer right away. A personal injury attorney is in the best position to outline your options and advise you on the best course of action. While you might have a sense of who caused a fall, a personal injury lawyer considers the facts of your fall in the context of Oklahoma premise liability law.
The facts in slip and fall accident lawsuits vary widely, and details matter. Small details can determine the outcome of a case.
Your best fighting chance in court is when you have an experienced attorney on your side who knows how Oklahoma personal injury law applies to your circumstances.
When is a Slip and Fall the Property Owner’s Fault?
A commercial property owner has more responsibility for the safety of guests on their premises than a residential owner. Business owners are expected to warn their guests of threats they cannot easily see. If a commercial property owner fails to inform their guests of such dangers, they are considered liable for any accidents that may occur.
Property owners are expected to perform adequate maintenance of their property. If a slip and fall accident occurs because of poor property maintenance, the owner of the property can be held liable. Property owners may be found responsible in cases of injury if a trespasser is injured by the use of unreasonable force when found on a property, as well.
Generally, a property owner may be found liable if they:
- were aware or should have been aware, for specific reasons, of a condition on their property that posed a risk of harm to those invited to visit the property,
- failed to warn invitees of the hazard, and
- proceeded with gross disregard of the safety of others.
When is an Accident the Plaintiff’s Fault?
When you have a slip and fall accident in Tulsa, Oklahoma that is not caused by the negligence or fault of the property owner, the law does not require the property owner to pay compensation. The court may find an accident was solely your fault if a hazard was open and obvious, such as when prevailing natural conditions caused your accident. If there is ice on a sidewalk after an ice storm, you will be totally at fault if you have a slip and fall accident on someone’s sidewalk.
However, if you could have seen the threat you faced but were distracted by something else, you may be considered only partially responsible for your accident. If you are found to be at least 20 percent at fault for your accident, you lose that percentage of the compensation to which you are entitled. If you are found to be at least 50 percent responsible for your accident, the court may deny all compensation claims against the property owner.
Time Limits to File a Lawsuit
Oklahoma has a statute of limitations that limits the time you have to file a lawsuit after a slip and fall accident. According to the statute, it must be done within two years of the accident. You could lose your chance to file for compensation if you attempt to do so two years after your accident.
In addition to filing a notice in court of your claim against the property owner, you will also likely pursue compensation through your own insurance company. A slip and fall attorney can advise you on how your own medical insurance works alongside a claim against the property owner.
Whether you have adequate insurance or not, an understanding of the extent of the injuries and cost of treatment is required before your case can be settled — in court or out. Injury attorneys sometimes file a lawsuit before the statute of limitations expires to keep a claim open while all parties gather sufficient information to reach a fair settlement.
Free Consultation: Tulsa Premise Liability Attorney
If you or a loved one has had a slip and fall accident, talk to a premise liability attorney in Tulsa right away.
Our lawyers will not just tell you what the law states regarding slip and fall suits, but will also listen to the details of your case. When our lawyers have the details of your accident, they will be able to advise you on the best course of action. They will help you navigate the complex landscape of compensation for your accident or that of your loved one.
Our skilled, experienced attorneys ensure you have the best fighting chance in court so you can get a favorable settlement.
Call the Wirth Law Office-Tulsa injury lawyers today at 918-879-1681 for a free, no-obligation consultation. Do not second guess the law. Let an expert guide you and win you your rightful compensation.