During normal footsteps, the body is perfectly balanced, and each foot grips the floor or ground as we take a step forward. We rarely give the motions of walking a second thought until something unexpectedly interferes with the foot’s traction, causing the limb to fly out from under the walker and sending the person crashing painfully to the ground, often with an overextension of the muscles and vertebrae as the body twists out of shape during the fall.
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Slip-and-fall accidents are sudden, painful, and traumatic. It’s even more distressing to learn that a painful slip and fall with serious injuries could have been prevented if only the property owner had taken reasonable, common-sense measures to protect those legally on their property.
What Causes Slip and Fall Accidents In Oklahoma?
Property owners owe a legal duty of care to those lawfully on their property, particularly when they invite customers or patrons to the property for business purposes. Part of this duty of care is to regularly inspect for safety hazards and promptly correct dangers, such as anything that could cause a sudden slip and fall. The most common causes of slip-and-falls in Oklahoma and elsewhere include the following:
- Wet floors from mopping or spills
- Pipe leaks that cause puddles in restrooms
- Rolled or loose floor mats and carpets
- Slick floors from improper cleaning products or floor wax
- Icy steps, walkways, sidewalks, or parking lots
- Loose debris such as sand or gravel
- Cracked floorboards or tiles
- Uneven floors
- Unmarked step-downs or step-ups
- Tracked in snow or slush
- Inadequate lighting
- Cluttered floors
Anything that interferes with the foot’s grip on the floor or ground can cause a sudden slip and fall, with serious injuries caused by blunt-force trauma during the fall.
Proving Liability When a Property Owner’s Negligence Caused a Slip and Fall Accident In Oklahoma
Property owners are responsible for injuries that occur on their property if the injury could have been avoided with proper care. Proving a property owner liable for the fall victim’s damages requires showing evidence of the following:
- The property owner was aware that the slip-and-fall hazard existed
- They owed a duty of care to the fall victim because the person was legally on their property
- They breached this duty of care through negligence in not promptly addressing or repairing the known safety hazard
- Their breach of duty directly caused the slip-and-fall accident and injuries
- The injury victim suffered economic and non-economic damages from the injury
Slip and fall damages often include medical expenses, future medical costs related to the injury, lost income, and compensation for pain and suffering. Our Oklahoma City slip and fall accident attorney will help recover all possible damages.
Did the Property Owner Act Reasonably?
When slip-and-fall accident cases go to court, the judge often instructs the jury to consider whether or not another, reasonable property owner would have acted the same way or differently under the same circumstances. If the jury finds that another property owner would likely have acted differently and repaired the hazard or placed warning signs until the repairs were completed, then the injury could have been prevented. In that case, the jury must find the negligent property owner liable for the slip-and-fall victim’s damages, like medical expenses, lost earnings, and compensation for pain and suffering.
Visitor Classification and How It Affects Your Premises Liability Case
Oklahoma premises liability law classifies visitors into three categories, each with different legal protections. Invitees — customers, tenants, and guests invited onto property for a business or mutual purpose — are owed the highest duty of care: the property owner must actively inspect for hazards and repair or warn of any discovered. Licensees — social guests, such as friends and family — are owed a duty to warn of known hazards, but the owner need not actively inspect. Trespassers are owed only the duty not to intentionally harm them (with enhanced duties owed to child trespassers under the attractive nuisance doctrine). Most slip and fall victims in commercial settings qualify as invitees, giving them the strongest legal position.
Comparative Negligence in Oklahoma Slip and Fall Cases
Oklahoma’s modified comparative negligence rule applies to premises liability claims. If you are found partially at fault — for wearing inappropriate footwear, ignoring a warning sign, or not paying attention to where you were walking — your recovery is reduced by your percentage of fault and barred entirely if your fault exceeds 50%. Defense attorneys in slip and fall cases routinely argue victim distraction or contributory negligence to reduce the property owner’s exposure. Documenting what you were doing, what you were wearing, and the condition of the hazard at the time of the fall counters these arguments.
Frequently Asked Questions About Property Owner Liability in Oklahoma
What if the property owner posted a warning sign near the hazard? A sign does not automatically eliminate liability — if the hazard was unreasonably dangerous despite the warning, or the sign was inadequate, the owner may still be responsible. How do I prove the owner knew about the hazard? Evidence of actual notice (complaints, prior incidents) or constructive notice (how long the hazard existed before the fall) establishes the owner’s knowledge. What is the time limit for filing a slip and fall claim in Oklahoma? Two years from the date of the injury under Oklahoma’s statute of limitations.
For more information about personal injury law in Oklahoma, visit our personal injury practice page. Ready to speak with Joe Carson? Contact Warhawk Legal for a free consultation — no fee unless we win.
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.