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Date: 03-27-2024
Case Style:
Case Number: 6:23-cv-00189
Judge: Jason A. Robertson
Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)
Plaintiff's Attorney: Jared W. Capps and James Ryan Reynolds - 713-322-4878
Defendant's Attorney: Michael W. Brewer, Andre V. Farinha
Description: Muskogee, Oklahoma personal injury slip and fall lawyers represented the Plaintiff who sued on a premises liability theory.
Oklahoma Premises Liability Act
A. For purposes of the Premises Liability Act, the distinction
under the common law between invitees and licensees regarding the
duty owed by an owner or occupier of any premises to such entrants
is abolished.
B. The duty owed to entrants is that of reasonable care under
the circumstances regarding the state of the premises or acts done
or omitted on them. The duty of reasonable care under the
circumstances which an owner or occupier of land owes to entrants
shall not include any of the following:
1. A duty to warn of, or otherwise take reasonable steps to
protect entrants from, conditions on the premises that are known to
the entrants, are open and obvious, or can reasonably be expected to
be discovered by the entrants;
Req. No. 6338 Page 16
2. A duty to warn of latent defects or dangers or defects or
dangers unknown to the owner or occupier of the premises;
3. A duty to warn entrants of any dangers resulting from misuse
by the entrants of the premises or anything affixed to or located on
the premises; or
4. A duty to protect entrants from their own misuse of the
premises or anything affixed to or located on the premises.
Premises liability laws in Oklahoma, distinguish between visitors who are invitees, licensees, or trespassers.
A property owner has the highest duty of care to an invitee. An invitee is someone who has been asked to come onto the property by the owner.
A licensee is someone who comes to the property with the permission of the owner for business purposes. A customer coming to a store might be a licensee. Also, a repairman coming to a house or business to fix something, or a delivery man coming to a property to bring something.
A property owner has a duty of care to prevent injury to licensees as well. However, the law sometimes holds that that duty of care is slightly less than in the case of invitees. Also, in the case of repairmen or deliverymen, alternate sources of insurance, such as workers’ compensation, often exist to pay for injuries to licensees.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: