When you’re trying to understand your situation after a slip-and-fall accident in Oklahoma City, you likely have a lot of questions, as slip-and-fall cases can be very complex. In this guide, we hope to demystify many of the facets that govern them.
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What Evidence Do I Need To Prove Fault in a Slip and Fall Claim?
Whenever you or a loved one are overwhelmed in the face of a slip and fall accident, it can be easy to forget best practices for documenting your case. Here are our recommendations of the type of evidence that you should collect.
Photo/Video Evidence
Capture images or videos of the accident scene, showing the hazardous condition that caused the slip and fall, such as a wet floor or uneven surface.
Witnesses
Collect statements from anyone who saw the accident, as their testimonies can corroborate your account of the incident.
Accident Report
File a detailed accident report with the property owner or manager immediately after the incident, documenting the circumstances and conditions that led to the fall.
Medical Records
Obtain and keep thorough medical records that document the injuries sustained from the fall and the treatment received, which are crucial for proving the extent of harm.
Expenses of the Accident
Maintain receipts and records of all expenses related to the accident, including medical bills, lost wages, and any other costs incurred due to the fall.
What is Duty of Care in a Slip and Fall Case?
It’s critical to the success of your slip and fall case to understand what’s known as duty of care. Duty of care is a doctrine that can govern many typed of cases but especially plays a significant role in slip and fall cases.
Whenever someone visits a property, their motivation for being on that property will yield them a different level of duty of care. Business relationships (known as invitees) are offered the highest duty of care. Licensees (individuals who choose to go to a premises for their own benefit) are offered a lower duty of care. Trespassers are offered almost no protections under most premises liability law.
To establish there may have been a violation of duty of care, you need to demonstrate the following components in your case:
- The individual on the premises was owed a specific level of duty of care.
- That duty of care was breached.
- That breach of duty of care yielded injuries.
- Those injuries resulted in damages for the victim.
Understanding Negligence in a Slip and Fall Claim
Regardless of what the motive is for an individual visiting someone’s property, a property owner or manager must keep their property well maintained.
Negligent property management can yield many hazards that licensees or invitees have to deal with. Examples of such hazards include:
- Loose Carpet
- Uneven Floors
- Unmarked Spills
- Loose Wiring
- Poorly Secured Thresholds
Any of these negligent situations could contribute to you or a loved one’s slip and fall. Contact us at (405) 397-1717 and our Oklahoma City personal injury attorney will be happy to help.
Damages You Can Recover in an Oklahoma Slip and Fall Case
A successful premises liability claim allows recovery of all medical expenses caused by the fall — emergency, surgical, rehabilitative, and projected future treatment — along with lost wages for time missed from work, reduced earning capacity if the injury affects your ability to work long-term, and non-economic damages including pain and suffering, loss of enjoyment of life, and loss of consortium. Oklahoma imposes no cap on non-economic damages in personal injury cases. Falls that cause spinal injuries, hip fractures, traumatic brain injuries, or shoulder damage produce damages that often far exceed the visible medical bills — permanent functional limitations, chronic pain, and the need for future medical management are all compensable.
Oklahoma’s statute of limitations for slip and fall claims is two years from the date of the fall. For falls on government property — a city sidewalk, a county building, a state facility — the Oklahoma Governmental Tort Claims Act requires written notice within one year and the claim must be filed within 180 days of denial or two years from the incident, whichever comes first. Missing the government notice deadline eliminates the claim regardless of how strong the evidence is.
Common Defenses and How They Are Countered
Property owners and their insurers raise predictable defenses in slip and fall cases. “The hazard was obvious” — countered by showing that the lighting, distraction level, or placement of the hazard made it non-obvious even to a reasonable person. “You were not paying attention” — countered by the fact that a business invitee has the right to expect a reasonably safe floor surface without scanning every step. “We had no notice of the hazard” — countered by surveillance footage showing how long the hazard existed, or by cleaning logs showing no inspection occurred for hours before the fall. “It was cleaned up before the fall” — countered by the victim’s photographs and witness accounts taken at the scene. Preparation matters: the strongest slip and fall cases have photographs of the hazard, a completed incident report, same-day medical records, and witnesses whose contact information was preserved.
Frequently Asked Questions
The store says my fall was caught on camera and I was rushing — does that hurt my case? Camera footage cuts both ways. If it shows the hazard existed before your fall, that helps your case regardless of your pace. Oklahoma’s comparative negligence system assigns a percentage, not an all-or-nothing verdict — rushing might reduce your recovery percentage but does not eliminate it.
The fall happened on someone else’s rental property — can I sue the landlord? Yes, if the landlord knew or should have known about the hazard and failed to fix it. Landlord liability in Oklahoma turns on whether the dangerous condition was in a common area the landlord controlled, or in a unit where the landlord had notice and opportunity to repair.
What does it cost to have Warhawk Legal evaluate my slip and fall case? Nothing. Free consultation, contingency fee — no charge unless we recover compensation. (405) 397-1717.
Learn more from our contact us for a free consultation. Call us for a free case review.
Learn more from our personal injury attorney in Oklahoma City. Call us for a free case review.
If you or a loved one has been injured, contact our experienced Oklahoma City slip and fall attorney at Warhawk Legal. We offer free consultations and only get paid when you win.