Sonia Cabellero v. Wal-Mart Stores East, LP

Date: 03-20-2025

Case Number: 24-cv-00557

Judge: Jodi F. Jayne

Court: United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney:

Defendant's Attorney: Hailey Huber and Margaret M. Clarke

Description: Tulsa, Oklahoma personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability theory.

In Oklahoma, premises liability law holds property owners responsible for injuries on their property if they were negligent in maintaining a safe environment, and the duty of care depends on the visitor's status (invitee, licensee, or trespasser).
Here's a more detailed explanation:
Key Concepts:

Duty of Care:
Property owners in Oklahoma have a legal duty to ensure the safety of individuals who enter their premises, which varies based on the visitor's status.

Invitees: People who are invited onto the property, like customers in a store or guests at a party, are owed the highest duty of care.

Licensees: People who are on the property with permission for a specific purpose, like a repairman or delivery person, are owed a lower duty of care than invitees.
Trespassers: People who enter the property without permission are owed the lowest duty of care, which is to refrain from willful or wanton misconduct.

Negligence:
To establish premises liability, the injured party must prove that the property owner was negligent in maintaining their property, meaning they failed to maintain it in a reasonably safe condition or failed to warn visitors of known hazards.
Types of Injuries:
Premises liability cases can arise from various situations, including slip-and-fall accidents, injuries caused by unsafe conditions, inadequate security, animal bites, or other hazards.
Proving Liability:
To succeed in a premises liability claim, the injured party must demonstrate that:

The property owner owed them a duty of care.

The property owner breached that duty by failing to maintain the property safely.
The breach of duty caused the injury.

Modified Comparative Negligence:
Oklahoma follows a modified comparative negligence rule, meaning that if the injured party is found to be more than 50% at fault for the incident, they cannot recover any damages.

Important Considerations:

Statute of Limitations:
In Oklahoma, you have two years from the date of the injury to file a lawsuit for premises liability.

Evidence:
To support a premises liability claim, it's crucial to gather evidence, including photos, videos, witness statements, and medical records.
Seeking Legal Advice:
If you've been injured on someone else's property in Oklahoma, it's advisable to consult with a premises liability attorney to understand your rights and options.

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