Tulsa Premises Liability Attorneys

Handling slip and falls, dog bites, and other unsafe property claims in Oklahoma

Every Oklahoma resident has the right to expect that property owners will protect them. Owners and operators owe a duty to people who are legally on their premises to ensure that reasonable steps are taken to protect visitors from falls, from defective equipment, and from other types of dangerous conditions. The duty to protect visitors even extends to taking steps to ensure visitors aren’t attacked while on that person’s property.

At the Biby Law Firm, we understand how unsafe conditions on property can alter your life. We understand that when you go grocery shopping, visit your accountant, stay at a hotel, or just eat at a local restaurant, that you often have your minds on the task at hand– and not every step you are taking. When property owners fail to put your safety first, we work to hold them accountable for the injuries, pain and suffering, medical bills, and lost income they cause you. Contact us to meet with a Tulsa premises liability lawyer about your injuries.

What is the duty of care in Tulsa premises liability cases?

Every property owner owes a duty of care to people who are legally on his or her property. This duty applies to for-profit owners, professional service businesses, nonprofits such as hospitals and service organizations, and charities. The duty also applies to homeowners.

In Tulsa premises liability cases, the duty to protect visitors applies to people who lease property, who occupy property, and who maintain property – in addition to the owners.

Who does the duty of care for safe premises apply to?

The duty to keep premises safe applies to:

• Invitees. These are people the business invites onto the property. Examples include customers who are invited to a shopping mall or retail store. Invitees include people who pay to live in an apartment. There is no requirement that the invitee make a purchase or be on the property to make a purchase. Invitees also include churchgoers, people going to a hospital, or people exploring a museum.
• Licensees. These are people who have permission to be on the property but aren’t there to buy anything or to benefit the owner in any way. A common example is a person who passes through a property by walking on the sidewalk.
• Trespassers. Generally, property owners and possessors do not owe a duty of care to someone who is not legally on their property. There are a few exceptions:
  • Property owners can’t wantonly disregard the safety of a trespasser.
  • The owner may owe a duty to child trespassers if they create an “attractive nuisance.” An attractive nuisance is a condition that the owner should know will attract a child and also poses an unreasonable risk - provided the child lacked the ability to appreciate the risk. Examples include swimming pools, tree houses, and trampolines.

Generally, property owners must fix any defects they knew of, should have known or a condition that they created. This duty of care varies depending on the status of the visitor. A higher duty of care is owed to an invitee than to a licensee. However, a common defense to these claims is that the danger was “open and obvious.” In other words, that a person should have seen it and that the injured person was negligent for failing to see the condition.

At the Biby Law Firm we have handled premises liability cases from intake all the way through the highest appeals. We understand the complexity of the cases and that gives you an advocate in your corner that will make sure you are properly advised in your case.

Does this duty of care apply to tribal casinos?

Yes, it does. However, tribes are sovereign nations. This means that a slip and fall claim involving a tribal casino will involve special procedures regarding notifying the tribe of the claim and bringing suit against the tribe. Most frequently, the suit must be brought in the relevant tribal court. The suit will proceed under the laws of the specific tribe where the incident occurred. Most commonly, the law is very similar to the laws of Oklahoma.

Should I file a personal injury lawsuit or workers’ compensation?

When you get injured at work, you have the right to claim workers’ compensation. However, not all parties are eligible for this benefit, and some people sustain injuries that are severe enough that a personal injury claim is a better choice. For example, when accidents occur at a construction site, visitors who are not employees have the right to file a premises liability claim against the owners, but employees may need to file for workers’ compensation. We can explain what your best choices are during a free consultation at our Tulsa office.