• This field is for validation purposes and should be left unchanged.
The Barkett Law Firm

Call Us Today For a Free Consultation
918.582.6900
1408 S. Harvard Ave., Tulsa, OK 74112

Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm Proven Results from a Proven Winner. Serving Clients Throughout Tulsa, Oklahoma. The Barkett Law Firm

Oklahoma Premises Liability Scenarios

Recently, a fire in Oklahoma City incinerated part of a school building. Fortunately, the building was empty at the time. Preliminary investigations suspect arson to be the cause of the conflagration. The city’s school district stopped using the building years ago. Recently, the district agreed to lease the site to an education company for child tutoring services. If any occupants had been hurt, the school district might have faced major liability for injured children and employees.

Premises liability is a section of negligence law that holds landlords responsible for injuries on commercial, residential, or government property for their “lack of due care under the circumstances” — which can involve varied situations like slip and falls, electrical hazards, dog bites, or swimming pool accidents. A landlord is not obligated to guarantee its occupants’ total safety — but it is generally obligated to keep the property free from dangers less obvious to the occupants.

The initial consideration for determining landlord liability is the purpose a person has for being on the property. Generally, there are three kinds of occupants, including:

  • Invitee — On the property at the owner’s general invitation to promote its commercial interest, like the paying fan at a sporting event or a supermarket customer. For invitees, the landlord has the highest legal duty to keep the property in a reasonably safe condition and to eliminate dangers that it knew about or should have discovered.
  • Licensee — On the property with the owner’s express or implied consent, but not in furtherance of the owner's commercial interest. For instance, someone breaking change at a gas station, or a social guest at your home. Owners owe them a lesser duty than invitees, but a greater duty of care than to trespassers to disclose more subtle, if not hidden dangers, but not necessarily to fix them.
  • Trespasser — A person who enters the property without authority, is owed a very limited duty by the owner, to prevent only purposeful injuries, like physical assault.

In the case of a residential lease, a landlord’s responsibility to maintain the property can include the duty to maintain common areas, like garages and even the rental unit under the tenant’s control. Generally, any occupant hurt by a dangerous condition who wishes to obtain compensation must prove the landlord had actual or constructive notice of the dangerous circumstance. If the condition existed for enough time, and the landlord failed to fix it, the landlord may be on “constructive” notice of the condition like faulty stairway guardrails or an intruder lurking on the premises.

Increase the likelihood that you will receive fair compensation in Oklahoma for your premises liability injuries. Contact The Barkett Law Firm in Tulsa today.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

The Barkett Law Firm is located in Tulsa, OK and serves clients in all counties in Oklahoma.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]

See our profile at Lawyers.com or Martindale.com.

LexisNexisLexisNexis, Martindale-Hubbell and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies. © 2012 LexisNexis. All rights reserved.