Premises Liability
Property owners and those who control a property in Oklahoma have a legal duty to keep their premises reasonably safe. When that duty is allegedly breached, whether through a slip on an unmarked hazard, a fall in a poorly lit stairwell, or a violent incident at a negligently maintained site, lives and livelihoods can be upended.
Leveraging decades of combined experience, JPM Law’s premises liability attorneys understand both the legal framework and the factual complexity that define these cases. No matter the nature of a claim, you can trust our team to zealously pursue the outcome that best serves your interests.
Cases Our Premises Liability Attorneys Handle
JPM Law handles a wide range of premises liability matters, from single-plaintiff slip-and-fall cases to complex multi-party litigation involving commercial properties and landlord-tenant disputes. Working across practice areas, we combine the right team with a practical, results-driven approach to develop cost-effective strategies tailored to the specific nuances and demands of every case:
- Slip, Trip, and Fall Accidents: Falls on wet floors, broken pavement, unmarked hazards, and defective stairs are among the most common premises liability claims in Oklahoma. These cases typically turn on whether a defendant had actual or constructive notice of the dangerous condition, and whether they failed to remedy it within a reasonable time.
- Commercial and Retail Premises: Business owners are required to regularly inspect their premises, repair dangerous conditions, and warn of any hazard they know about or reasonably should have discovered.
- Residential and Landlord-Tenant Liability: Under Oklahoma law, landlords must warn tenants of known hazards at the time of rental and maintain common areas in a reasonably safe condition. This duty may extend to protecting tenants from foreseeable criminal activity — particularly where the landlord controls access points and where prior criminal acts have put the landlord on notice.
- Construction Sites and Industrial Properties: Hazardous conditions on active work sites and industrial facilities often give rise to premises liability claims that overlap with workers’ compensation, contractor liability, and OSHA regulatory issues.
- Attractive Nuisance and Child Trespasser Claims: Under Oklahoma’s attractive-nuisance doctrine, property owners may be liable for injuries to child trespassers when a dangerous artificial condition on the property is likely to attract children who are unable to appreciate the risk. Age-based presumptions govern whether a child is deemed capable of appreciating the danger.
- Dog Bites and Animal Attacks: Oklahoma’s dog bite statute imposes strict liability on owners whose dogs bite or injure anyone lawfully on the premises, provided they didn’t provoke the animal.
- Recreational Properties: Oklahoma’s Recreational Use Statute provides significant protection to landowners who open their property to the public for recreational use without charge. However, that immunity does not apply when a landowner willfully or maliciously fails to warn of an ultra-hazardous condition.
This represents only a sampling of the premises liability cases our attorneys are equipped to take on. If you’d like to discuss a matter not noted here, don’t hesitate to reach out.
Why Choose JPM Law’s Premises Liability Team?
When you partner with JPM Law, you’re working with a team of attorneys well-versed in Oklahoma premises liability law and with the skills and resources to craft a compelling case on your behalf.
Laying the Groundwork
We dive into the facts — the property, the conditions, the parties involved, and what happened. You’ll get a candid assessment of the case, including its strengths, vulnerabilities, and potential outcomes, so you can make well-informed decisions moving forward.
Evidence-Backed Strategy
Our attorneys conduct a detailed review of inspection records, maintenance logs, contracts, photographs, incident reports, and other relevant documentation, then tailor a strategy to leverage that evidence to your advantage.
Access to the Right Experts
Successful premises liability cases often rely on technical questions about property conditions, building codes, lighting standards, and security practices. Our team regularly works with experts in accident reconstruction, engineering, security consulting, biomechanics, and other specialties to support those questions at every stage of litigation.
A Tactical Approach to Motion Practice
Drawing on extensive litigation experience, our attorneys leverage motion practice to shape the trajectory of your case and ensure you’re well-positioned to prevail should your matter proceed to trial.
Proven Record at Trial
If your case goes to trial, we’re ready. Our attorneys have a track record of success trying complex civil matters before judges and juries across Oklahoma at both the state and federal levels. That hard-won experience shapes how we approach every case we take on.
Formidable Beyond the Courtroom
Many premises liability disputes are resolved through mediation or arbitration — sometimes by choice, sometimes because a lease or contract requires it. As skilled negotiators, you’ll benefit from the same aggressive, results-driven approach to an ADR proceeding that we bring to the courtroom.
Connect with an Experienced Premises Liability Attorney
With so much on the line, you can’t afford to leave a premises liability claim to chance. Regardless of the nature or scope of your case, you can trust JPM Law to provide the aggressive, cost-effective representation your case demands.
Premises Liability: Frequently Asked Questions
How is a premises liability claim proven in Oklahoma?
To establish a premises liability claim, a plaintiff must show four things:
- That the property owner owed them a duty of care;
- That the owner breached that duty;
- That the breach directly caused the injury;
- And that the injury resulted in actual damages.
The level of duty owed depends on the visitor’s legal status — invitees, such as customers at a business, are owed the highest duty; licensees, such as social guests, are owed a lesser duty; and trespassers are generally owed only the duty not to be injured by a willful or wanton act.
What are the strongest defenses against a premises liability claim in Oklahoma?
Oklahoma law recognizes several defenses that a property owner or occupier can raise in a premises liability case, including:
- Lack of Notice: The owner or occupier neither knew nor reasonably should have known about the condition.
- Open and Obvious Doctrine: Where a hazard was sufficiently visible that a reasonable person should have avoided it.
- Comparative Negligence: Where the injured party’s own conduct contributed to the accident, including misuse or abnormal use of the premises.
- Recreational Use: In appropriate cases, defendants may also assert the protections afforded by Oklahoma’s Recreational Use Statute.
How does Oklahoma’s modified comparative negligence rule affect a premises liability case?
Under Oklahoma’s modified comparative negligence statute, a plaintiff’s damages are reduced proportionally to their own percentage of fault — and eliminated entirely if their fault reaches 50 percent or more. In premises liability cases, defendants commonly argue that the injured party failed to pay attention, ignored visible warnings, or ventured into an area without reason. Understanding how fault may be allocated — and how to build or counter those arguments — is one of the most important strategic questions in any premises liability matter.
