Blog of Charles Bryan Alred
Oklahoma Law on Premises Liability
Posted on July 16, 2016
Whether you rent or own a property, there are certain obligations you have to those who come on your land, however, those duties and obligations differ depending on the person’s status while on the property. If an individual suffers an injury on your property, a premises liability claim is usually brought under the theory of negligence. For both parties, it is important to establish the status each had on the property, whether they were the holder of the property and whether the injured party is considered an invitee, licensee, or trespasser.
Invitees are those people invited onto the land of another to further the purposes, or benefit, the landowner. The most common example of an invitee is a business customer, as they are benefiting the landowner by coming to do business at the landowner’s location. This group is afforded the most protection when it comes to premises liability. Landowners have a duty to inspect the premises to ensure its safety for invitees as well as warn about dangers the invitee might not discover on their own.
Licensees are those individuals who come into the property of the landowner for their own purposes with the express or implied permission of the landowner, such as social guests, due to the mutual benefit of both parties. The duty that landowners owe to licensees is to warn the guest about dangers that are not likely discoverable on their own. However, if the licensee exceeds the bounds of their status, they technically become a trespasser, and are subsequently owed a lesser duty of care.
Trespassers are those individuals who come onto the property without the permission of the landowner. Generally a landowner has no duty to make premises safe and is not subject to liability for a personal injury to a trespasser as a result. There are exceptions however; a landowner is liable for injury if the landowner knows or reasonably could know of the trespasser’s presence and failed to warn the trespasser of any of the hidden or dangerous conditions. Additionally, special rules apply when it comes to children acting as trespassers.
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Were you injured on someone else’s property? Or was someone injured on yours? Don’t hesitate to contact the legal professionals at the office of Charles Bryan Alred, PC for help. Our lawyers are standing by to assist you today. Call us today at (918) 745-9960.