Okla. Stat. tit. 23, § 23-9.1 — OK Code / Title 23 / Section 23-9.1
Punitive damages awards by jury
Status: in_force

A. In an action for the breach of an obligation not arising

from contract, the jury, in addition to actual damages, may, subject

to the provisions and limitations in subsections B, C and D of this

section, award punitive damages for the sake of example and by way

of punishing the defendant based upon the following factors:

1. The seriousness of the hazard to the public arising from the

defendant's misconduct;

2. The profitability of the misconduct to the defendant;

3. The duration of the misconduct and any concealment of it;

4. The degree of the defendant's awareness of the hazard and of

its excessiveness;

5. The attitude and conduct of the defendant upon discovery of

the misconduct or hazard;

6. In the case of a defendant which is a corporation or other

entity, the number and level of employees involved in causing or

concealing the misconduct; and

7. The financial condition of the defendant.

B. Category I. Where the jury finds by clear and convincing

evidence that:

1. The defendant has been guilty of reckless disregard for the

rights of others; or

2. An insurer has recklessly disregarded its duty to deal

fairly and act in good faith with its insured; the jury, in a

Oklahoma Statutes - Title 23. Damages Page 3

separate proceeding conducted after the jury has made such finding

and awarded actual damages, may award punitive damages in an amount

not to exceed the greater of:

a. One Hundred Thousand Dollars ($100,000.00), or

b. the amount of the actual damages awarded.

Any award of punitive damages under this subsection awarded in any

manner other than as required in this subsection shall be void and

reversible error.

C. Category II. Where the jury finds by clear and convincing

evidence that:

1. The defendant has acted intentionally and with malice

towards others; or

2. An insurer has intentionally and with malice breached its

duty to deal fairly and act in good faith with its insured;

the jury, in a separate proceeding conducted after the jury has made

such finding and awarded actual damages, may award punitive damages

in an amount not to exceed the greatest of:

a. Five Hundred Thousand Dollars ($500,000.00),

b. twice the amount of actual damages awarded, or

c. the increased financial benefit derived by the

defendant or insurer as a direct result of the conduct

causing the injury to the plaintiff and other persons

or entities.

The trial court shall reduce any award for punitive damages awarded

pursuant to the provisions of subparagraph c of this paragraph by

the amount it finds the defendant or insurer has previously paid as

a result of all punitive damage verdicts entered in any court of

this state for the same conduct by the defendant or insurer. Any

award of punitive damages under this subsection awarded in any

manner other than as required in this subsection shall be void and

reversible error.

D. Category III. Where the jury finds by clear and convincing

evidence that:

1. The defendant has acted intentionally and with malice

towards others; or

2. An insurer has intentionally and with malice breached its

duty to deal fairly and act in good faith with its insured; and the

court finds, on the record and out of the presence of the jury, that

there is evidence beyond a reasonable doubt that the defendant or

insurer acted intentionally and with malice and engaged in conduct

life-threatening to humans,

the jury, in a separate proceeding conducted after the jury has made

such finding and awarded actual damages, may award punitive damages

in any amount the jury deems appropriate, without regard to the

limitations set forth in subsections B and C of this section. Any

award of punitive damages under this subsection awarded in any

Oklahoma Statutes - Title 23. Damages Page 4

manner other than as required in this subsection shall be void and

reversible error.

E. In determining the amount, if any, of punitive damages to be

awarded under either subsection B, C or D of this section, the jury

shall make the award based upon the factors set forth in subsection

A of this section.

F. The provisions of this section are severable, and if any

part or provision thereof shall be held void, the decision of the

court shall not affect or impair any of the remaining parts or

provisions thereof.

G. This section shall apply to all civil actions filed after

the effective date of this act.
Okla. Stat. tit. 23, § 23-61.3 — OK Code / Title 23 / Section 23-61.3
Definitions — Economic and noneconomic loss compensation
Status: in_force

for bodily injury claims — Limitations — Required findings —

Exceptions.

A. As used in this section:

1. “Bodily injury” means actual physical injury to the body of

a person and sickness or disease resulting therefrom;

2. “Economic damages” means any type of pecuniary harm

including, but not limited to:

a. all wages, salaries, or other compensation lost as a

result of a bodily injury that is the subject of a

civil action,

b. all costs incurred for medical care or treatment,

rehabilitation services, or other care, treatment,

services, products, or accommodations as a result of a

bodily injury that is the subject of a civil action,

or

c. any other costs incurred as a result of a bodily

injury that is the subject of a civil action;

3. “Fraudulent” or “fraud” means “actual fraud” as defined

pursuant to Section 58 of Title 15 of the Oklahoma Statutes;

4. “Gross negligence” means the want of slight care and

diligence;

5. “Malice” involves hatred, spite, or ill will, or the doing

of a wrongful act intentionally without just cause or excuse;

6. “Noneconomic damages” means nonpecuniary harm that arises

from a bodily injury that is the subject of a civil action,

including damages for:

a. pain and suffering,

b. loss of society, consortium, companionship, care,

assistance, attention, protection, advice, guidance,

counsel, instruction, training, or education,

c. disfigurement

Oklahoma Statutes - Title 23. Damages Page 11

d. mental anguish, and

e. any other intangible loss; and

7. “Reckless disregard of another’s rights” shall have the same

meaning as willful and wanton conduct and shall mean that the

defendant was either aware, or did not care, that there was a

substantial and unnecessary risk that his, her, or its conduct would

cause serious injury to others. In order for the conduct to be in

reckless disregard of another’s rights, it must have been

unreasonable under the circumstances and there must have been a high

probability that the conduct would cause serious harm to another

person.

B. In any civil action arising from a claimed bodily injury,

the amount of compensation which the trier of fact may award a

plaintiff for economic loss shall not be subject to any limitation.

C. 1. Except as provided in paragraph 2 of this subsection, in

any civil action arising from a claimed bodily injury, the amount of

compensation which a trier of fact may award a plaintiff for

noneconomic loss shall not exceed Five Hundred Thousand Dollars

($500,000.00), regardless of the number of parties against whom the

action is brought or the number of actions brought.

2. If the trier of fact finds that a plaintiff has suffered

permanent and severe physical injury, including a substantial

physical abnormality or disfigurement, loss of use of a limb, or

loss of or substantial impairment to a major body organ or system,

or an injury of any type that renders the plaintiff incapable of

being able to independently care for himself or herself or perform

life-sustaining activities, there shall be no limit on the amount of

compensation that a trier of fact may award the plaintiff for

noneconomic loss.

D. If the trier of fact finds that a plaintiff has suffered a

permanent mental injury that itself severely impairs the plaintiff’s

ability to be employed or enjoy a reasonable standard of living, the

amount of compensation that a trier of fact may award a plaintiff

for noneconomic loss shall not exceed One Million Dollars

($1,000,000.00), regardless of the number of parties against whom

the action is brought or the number of actions brought.

E. Notwithstanding subsection C or D of this section, there

shall be no limit on the amount of noneconomic damages that the

trier of fact may award the plaintiff in a civil action arising from

a claimed bodily injury resulting from negligence if the judge and

jury find, by clear and convincing evidence, that the defendant’s

acts or failures to act were:

1. In reckless disregard for the rights of others;

2. Grossly negligent;

3. Fraudulent; or

4. Intentional or with malice.

Oklahoma Statutes - Title 23. Damages Page 12

F. In the trial of a civil action arising from claimed bodily

injury, if the verdict is for the plaintiff, the court, in a nonjury

trial, shall make findings of fact, and the jury, in a trial by

jury, shall return a general verdict accompanied by answers to

interrogatories, which shall specify all of the following:

1. The total compensatory damages recoverable by the plaintiff;

2. That portion of the total compensatory damages representing

the plaintiff’s economic loss;

3. That portion of the total compensatory damages representing

the plaintiff’s noneconomic loss; and

4. If alleged, whether the conduct of the defendant was or

amounted to:

a. reckless disregard for the rights of others,

b. gross negligence,

c. fraud, or

d. intentional or malicious conduct.

G. This section shall not apply to actions brought under The

Governmental Tort Claims Act or actions brought pursuant to Section

7 of Article XXIII of the Oklahoma Constitution.

H. This section shall apply to injuries occurring on or after

the effective date of this act.
Okla. Stat. tit. 23, § 23-68.1 — OK Code / Title 23 / Section 23-68.1
Damages for certain acts with regard to certain animal
Status: in_force

facilities.

A. Any person who has been damaged by reason of any violation

of Section 3 of this act, may bring an action in the district court

against the person causing the damage or persons conspiring to cause

the damage to recover an amount equal to all actual damages.

B. Nothing in this act shall be construed to affect any other

rights of a person who has been damaged by reason of a violation of

this act.
Okla. Stat. tit. 23, § 23-22 — OK Code / Title 23 / Section 23-22
Breach of obligation to pay money
Status: in_force

The detriment caused by the breach of an obligation to pay money

only is deemed to be the amount due by the terms of the obligation,

with interest thereon.

R.L. 1910, § 2853.
Okla. Stat. tit. 23, § 23-71 — OK Code / Title 23 / Section 23-71
Forcible exclusion from real property
Status: in_force

For forcibly ejecting or excluding a person from the possession

of real property, the measure of damages is three times such a sum

as would compensate for the detriment caused to him by the act

complained of.

R.L. 1910, § 2882.
Okla. Stat. tit. 23, § 23-67 — OK Code / Title 23 / Section 23-67
Seduction
Status: in_force

The damages for seduction rest in the sound discretion of the

jury.

R.L. 1910, § 2878.
Okla. Stat. tit. 23, § 23-13 — OK Code / Title 23 / Section 23-13
Comparative negligence
Status: in_force

In all actions hereafter brought, whether arising before or

after the effective date of this act, for negligence resulting in

personal injuries or wrongful death, or injury to property,

contributory negligence shall not bar a recovery, unless any

negligence of the person so injured, damaged or killed, is of

greater degree than any negligence of the person, firm or

corporation causing such damage, or unless any negligence of the

person so injured, damaged or killed, is of greater degree than the

combined negligence of any persons, firms or corporations causing

such damage.
Okla. Stat. tit. 23, § 23-10 — OK Code / Title 23 / Section 23-10
Recovery of damages by political subdivisions from parents
Status: in_force

of children under age of eighteen.

A. The state or any county, city, town, municipal corporation

or school district, or any person, corporation or organization,

shall be entitled to recover damages in a court of competent

jurisdiction from a parent or parents of any child under the age of

eighteen (18) years when the child is living with the parent or

parents at the time of the act, and commits any criminal or

delinquent act resulting in bodily injury to any person or damage to

or larceny of any property, real, personal or mixed, belonging to

the state or a county, city, town, municipal corporation, school

Oklahoma Statutes - Title 23. Damages Page 6

district, person, corporation or organization. The amount of

damages awarded pursuant to this subsection shall not exceed Two

Thousand Five Hundred Dollars ($2,500.00).

B. Any victim, or the victim’s representative in the event of

the victim’s death, shall be entitled to recover damages in a court

of competent jurisdiction from any person convicted of a violation

of subsection B of Section 1273 of Title 21 of the Oklahoma Statutes

or as otherwise allowed by law.
Okla. Stat. tit. 23, § 23-4 — OK Code / Title 23 / Section 23-4
Detriment defined
Status: in_force

Detriment is a loss or harm suffered in person or property.

R.L. 1910, § 2846.
Okla. Stat. tit. 23, § 23-39 — OK Code / Title 23 / Section 23-39
Breach of warranty of agent's authority
Status: in_force

The detriment caused by the breach of a warranty of an agent's

authority, is deemed to be the amount which could have been

recovered and collected from his principal if the warranty had been

complied with, and the reasonable expenses of legal proceedings

taken, in good faith, to enforce the act of the agent against his

principal.

R.L. 1910, § 2870.
Okla. Stat. tit. 23, § 23-25 — OK Code / Title 23 / Section 23-25
Breach of covenants in grants
Status: in_force

The detriment caused by the breach of a covenant of seizing, of

right to convey, of warranty, or of quiet enjoyment, in a grant of

an estate in real property, is deemed to be:

1. The price paid to the grantor, or, if the breach is partial

only, such proportion of the price as the value of the property

affected by the breach bore, at the time of the grant, to the value

of the whole property.

2. Interest thereon for the time during which the grantee

derived no benefit from the property, not exceeding six (6) years;

and,

3. Any expenses properly incurred by the covenantee in

defending his possession.

R.L. 1910, § 2856.

Oklahoma Statutes - Title 23. Damages Page 8
Okla. Stat. tit. 23, § 23-2 — OK Code / Title 23 / Section 23-2
Damages as relief from forfeiture
Status: in_force

Whenever, by the terms of an obligation, a party thereto incurs

a forfeiture, or a loss in the nature of a forfeiture, by reason of

his failure to comply with its provisions, he may be relieved

therefrom, upon making full compensation to the other party, except

in case of a grossly negligent, willful or fraudulent breach of

duty.

R.L. 1910, § 2844.
Okla. Stat. tit. 23, § 23-113 — OK Code / Title 23 / Section 23-113
Enforcement by Attorney General
Status: in_force

A. The Attorney General shall have the authority to enforce

this act and conduct civil investigations and bring civil actions

for violations of this act.

B. In an action brought by the Attorney General under this act,

the court may award or impose any relief available under Section 4

of this act.

C. In addition to the relief provided for in Section 4 of this

act, upon a motion by the Attorney General and a finding by the

court that there is a reasonable likelihood that a person violated

Section 2 of this act, the court may require the person to post a

bond in an amount equal to a good-faith estimate of the costs to

litigate a claim and amounts reasonably likely to be recovered if an

action were to be brought pursuant to the provisions of this

section. A hearing shall be held upon request of either party.
Okla. Stat. tit. 23, § 23-68 — OK Code / Title 23 / Section 23-68
Exemplary damages for injuries to animals
Status: in_force

For wrongful injuries to animals, being subjects of property,

committed willfully or by gross negligence, in disregard of

humanity, exemplary damages may be given.

R.L. 1910, § 2879.
Okla. Stat. tit. 23, § 23-14 — OK Code / Title 23 / Section 23-14
Damages diminished in proportion to contributory
Status: in_force

negligence.

Where such contributory negligence is shown on the part of the

person injured, damaged or killed, the amount of the recovery shall

be diminished in proportion to such person's contributory

negligence.
Okla. Stat. tit. 23, § 23-6 — OK Code / Title 23 / Section 23-6
Interest upon damages
Status: in_force

Any person who is entitled to recover damages certain, or

capable of being made certain by calculation, and the right to

recover which is vested in him upon a particular day, is entitled

also to recover interest thereon from that day, except during such

time as the debtor is prevented by law, or by the act of the

creditor from paying the debt.

R.L. 1910, § 2848.
Okla. Stat. tit. 23, § 23-62 — OK Code / Title 23 / Section 23-62
Wrongful occupation
Status: in_force

The detriment caused by the wrongful occupation of real

property, in cases not embraced in Sections 2874, 2880, 2881 and

2882, is deemed to be the value of the use of the property for the

time of such occupation, not exceeding six (6) years next preceding

the commencement of the action or proceeding to enforce the right to

damages, and the costs, if any, of recovering the possession.

R.L. 1910, § 2873.
Okla. Stat. tit. 23, § 23-37 — OK Code / Title 23 / Section 23-37
Breach of carrier's obligation to deliver
Status: in_force

The detriment caused by the breach of a carrier's obligation to

deliver freight, where he has not converted it to his own use, is

deemed to be the value thereof at the place and on the day at which

it should have been delivered, deducting the freightage to which he

would have been entitled if he had completed the delivery.

R.L. 1910, § 2868.
Okla. Stat. tit. 23, § 23-3 — OK Code / Title 23 / Section 23-3
Right to damages - Definition of damages
Status: in_force

Any person who suffers detriment from the unlawful act or

omission of another, may recover from the person in fault a

compensation therefor in money, which is called damages.

R.L. 1910, § 2845.
Okla. Stat. tit. 23, § 23-40 — OK Code / Title 23 / Section 23-40
Breach of promise to marry
Status: in_force

The damages for the breach of a promise of marriage rest in the

sound discretion of the jury.

R.L. 1910, § 2871.
Okla. Stat. tit. 23, § 23-1 — OK Code / Title 23 / Section 23-1
Species of relief
Status: in_force

As a general rule, compensation is the relief or remedy provided

by the law of this state for the violation of private rights, and

the means of securing their observance; and specific and preventive

relief may be given in no other cases than those specified herein.

R.L. 1910, § 2843.
Okla. Stat. tit. 23, § 23-27 — OK Code / Title 23 / Section 23-27
Breach of agreement to convey
Status: in_force

The detriment caused by the breach of an agreement to convey an

estate in real property, is deemed to be the price paid and the

expenses properly incurred in examining the title and preparing the

necessary papers, with interest thereon; but adding thereto, in case

of bad faith, the difference between the price agreed to be paid,

and the value of the estate agreed to be conveyed, at the time of

the breach, and the expenses properly incurred in preparing to enter

upon the land.

R.L. 1910, § 2858.
Okla. Stat. tit. 23, § 23-94 — OK Code / Title 23 / Section 23-94
Value of title papers
Status: in_force

For the purpose of estimating damages the value of an instrument

in writing is presumed to be equal to that of the property to which

it entitles its owner.

R.L. 1910, § 2887.
Okla. Stat. tit. 23, § 23-111 — OK Code / Title 23 / Section 23-111
Definitions
Status: in_force

As used in this act:

1. "Affiliated person" means a person under common ownership or

control of an intended recipient;

2. "Intended recipient" means a person who purchases, rents,

leases, or otherwise obtains a product or service in the commercial

market that is not for resale in the ordinary business and that is,

or later becomes, the subject of a patent infringement allegation;

and

3. "Person" means any natural person, partnership, corporation,

company, trust, business entity or association, and any agent,

employee, partner, officer, director, member, associate, or trustee

thereof.
Okla. Stat. tit. 23, § 23-65 — OK Code / Title 23 / Section 23-65
Presumption cannot be repelled
Status: in_force

The presumption declared by the last section cannot be repelled

in favor of one whose possession was wrongful from the beginning, by

his subsequent application of the property to the benefit of the

owner, without his consent.

R.L. 1910, § 2876.
Okla. Stat. tit. 23, § 23-26 — OK Code / Title 23 / Section 23-26
Breach of covenants against encumbrances
Status: in_force

The detriment caused by the breach of a covenant against

encumbrances in a grant of an estate in real property, is deemed to

be the amount which has been actually expended by the covenantee in

extinguishment of either the principal or interest thereof; not

exceeding in the former case a proportion of the price paid to the

grantor, equivalent to the relative value, at the time of the grant,

of the property affected by the breach, as compared with the whole;

or, in the latter case, interest on a like amount.

R.L. 1910, § 2857.
Okla. Stat. tit. 23, § 23-72 — OK Code / Title 23 / Section 23-72
Wrongful injuries to timber
Status: in_force

A. For wrongful injuries to timber upon the land of another, or

removal thereof, the measure of damages is not less than three (3)

times nor more than ten (10) times such a sum as would compensate

for the actual detriment, unless:

1. The trespass was casual and involuntary;

2. Committed under the belief that the timber or land belonged

to the trespasser; or

3. The timber was taken by the authority of highway officers

for the purposes of a highway,

in which case the damages are a sum equal to the actual detriment.

B. The prevailing party shall be entitled to costs and

attorneys fees.

C. For purposes of this section, the term "timber" shall be

defined as the term is defined by Section 1301-102 of Title 2 of the

Oklahoma Statutes.

R.L. 1910, § 2883. Amended by Laws 1995, c. 238, § 10, eff. Nov. 1,

1995.
Okla. Stat. tit. 23, § 23-8 — OK Code / Title 23 / Section 23-8
Waiver of interest
Status: in_force

Accepting payment of the whole principal, as such, waives all

claim to interest.

R.L. 1910, § 2850.
Okla. Stat. tit. 23, § 23-103 — OK Code / Title 23 / Section 23-103
Actions asserted in bad faith - Reimbursement by
Status: in_force

nonprevailing party of costs and fees.

In any action for damages for personal injury except injury

resulting in death, or in any action for damages to personal rights

the court shall, subsequent to adjudication on the merits and upon

motion of the prevailing party, determine whether a claim or defense

asserted in the action by a nonprevailing party was asserted in bad

faith, was not well grounded in fact, or was unwarranted by existing

law or a good faith argument for the extension, modification, or

reversal of existing law. Upon so finding, the court shall enter a

judgment ordering such nonprevailing party to reimburse the

prevailing party an amount not to exceed Ten Thousand Dollars

($10,000.00) for reasonable costs, including attorneys fees,

incurred with respect to such claim or defense.
Okla. Stat. tit. 23, § 23-66 — OK Code / Title 23 / Section 23-66
Damages to one having lien on personal property
Status: in_force

One having a mere lien on personal property, cannot recover

greater damages for its conversion, from one having a right thereto

superior to his, after his lien is discharged, than the amount

secured by the lien, and the compensation allowed by the second

preceding section for loss of time and expenses.

R.L. 1910, § 2877.
Okla. Stat. tit. 23, § 23-69 — OK Code / Title 23 / Section 23-69
Double rent as damages
Status: in_force

Oklahoma Statutes - Title 23. Damages Page 14

For the failure of a tenant to give up the premises held by him,

when he has given notice of his intention to do so, the measure of

damages is double the rent which he ought otherwise to pay.

R.L. 1910, § 2880.
Okla. Stat. tit. 23, § 23-112 — OK Code / Title 23 / Section 23-112
Prohibited communications related to patent infringement -
Status: in_force

Exceptions.

A. No person shall, in connection with the assertion of a

United States patent, send or cause any person to send any written

or electronic communication that states that the intended recipient

or any affiliated person is infringing or has infringed a patent and

bears liability or owes compensation to another person, if:

1. The communication falsely states that litigation has been

filed against the recipient, or threatens litigation if compensation

is not paid or the infringement issue is not otherwise resolved and

there is a consistent pattern of such threats having been issued and

no litigation having been filed;

2. The communication falsely states that litigation has been

filed against the intended recipient or any affiliated person; or

3. The assertions contained in the communication lack a

reasonable basis in fact or law because:

Oklahoma Statutes - Title 23. Damages Page 17

a. the person asserting the patent is not a person, or

does not represent a person, with the current right to

license the patent to, or to enforce the patent

against, the intended recipient or any affiliated

person,

b. the communication seeks compensation for a patent that

has been held to be invalid or unenforceable in a

final, unappealable or unappealed judicial or

administrative decision,

c. the communication seeks compensation on account of

activities undertaken after the patent has expired, or

d. the content of the communication fails to include such

information necessary to inform an intended recipient

or any affiliated person about the patent assertion by

failing to include any one of the following:

(1) the identity of the person asserting a right to

license the patent to or enforce the patent

against the intended recipient or any affiliated

person,

(2) the patent number issued by the United States

Patent and Trademark Office alleged to have been

infringed, or

(3) the factual allegations concerning the specific

areas in which the intended recipient or

affiliated person's products, services, or

technology infringed the patent or are covered by

the claims in the patent.

B. Nothing in this section shall be construed to be a violation

of this chapter for any person who owns or has the right to license

or enforce a patent to:

1. Advise others of that ownership or right of license or

enforcement;

2. Communicate to others that a patent is available for license

or sale;

3. Notify another of the infringement of the patent; or

4. Seek compensation for past or present infringement, or for a

license to the patent,

provided that the person is not acting in bad faith.

C. The provisions of this act shall not apply to any written or

electronic communication sent by:

1. Any owner of a patent who is using the patent in connection

with substantial research, development, production, manufacturing,

processing or delivery of products or materials;

2. Any institution of higher education; or

3. Any technology transfer organization whose primary purpose

is to facilitate the commercialization of technology developed by an

institution of higher education.

Oklahoma Statutes - Title 23. Damages Page 18

D. The provisions of this act shall not apply to a demand

letter or civil action that includes a claim for relief arising

under 35 U.S.C., Section 271(e)(2).
Okla. Stat. tit. 23, § 23-36 — OK Code / Title 23 / Section 23-36
Breach of carrier's obligation to receive
Status: in_force

The detriment caused by the breach of a carrier's obligation to

accept freight, messages, or passengers, is deemed to be the

difference between the amount which he had a right to charge for the

carriage, and the amount it would be necessary to pay for the same

service when it ought to be performed.

R.L. 1910, § 2867.
Okla. Stat. tit. 23, § 23-96 — OK Code / Title 23 / Section 23-96
Limitation of amount of damages
Status: in_force

Notwithstanding the provisions of this chapter, no person can

recover a greater amount in damages for the breach of an obligation,

than he could have gained by the full performance thereof on both

sides, except in cases where recovery may be for exemplary damages

and penal damages, and in Sections 2871 and 2878.

R.L. 1910, § 2889.
Okla. Stat. tit. 23, § 23-21 — OK Code / Title 23 / Section 23-21
General rule as to damages
Status: in_force

For the breach of an obligation arising from contract, the

measure of damages, except where otherwise expressly provided by

this chapter, is the amount which will compensate the party

aggrieved for all the detriment proximately caused thereby, or

which, in the ordinary course of things, would be likely to result

therefrom. No damages can be recovered for a breach of contract,

which are not clearly ascertainable in both their nature and origin.

R.L. 1910, § 2852.
Okla. Stat. tit. 23, § 23-9.3 — OK Code / Title 23 / Section 23-9.3
Definitions – Payment of damages
Status: in_force

A. As used in this section:

1. “Future damages” means damages that are incurred after the

date of judgment for:

a. medical, health care, or custodial care services,

b. physical pain and mental anguish, disfigurement, or

physical impairment,

c. loss of consortium, companionship, or society, or

d. loss of earnings;

2. “Future loss of earnings” means the following losses

incurred after the date of the judgment:

a. loss of income, wages, or earning capacity and other

pecuniary losses, or

b. loss of inheritance; and

3. “Periodic payments” means the payment of money or its

equivalent to the recipient of future damages at defined intervals.

B. This section shall apply only to an action in which the

present value of the award of future damages, as determined by the

court, equals or exceeds One Hundred Thousand Dollars ($100,000.00).

C. Upon request of a party, the court may order that future

damages be paid in whole or in part in periodic payments rather than

by a lump-sum payment. Periodic payments shall not exceed seven (7)

years from the date of entry of judgment.

D. The court shall make a specific finding of the dollar amount

of periodic payments that will compensate the plaintiff for the

future damages. The court shall specify in its judgment ordering

the payment of future damages by periodic payments the:

1. Recipient of the payments;

2. Dollar amount of the payments;

3. Interval between payments; and

4. Number of payments or the period of time over which payments

must be made.

Oklahoma Statutes - Title 23. Damages Page 5

E. The entry of an order for the payment of future damages by

periodic payments constitutes a release of the health care liability

claim filed by the plaintiff.

F. As a condition to authorizing periodic payments of future

damages, the court shall require a defendant who is not adequately

insured to provide evidence of financial responsibility in an amount

adequate to assure full payment of damages awarded by the judgment.

The judgment shall provide for payments to be funded by:

1. An annuity contract issued by a company licensed to do

business as an insurance company, including an assignment within the

meaning of Section 130, Internal Revenue Code of 1986, as amended;

2. An obligation of the United States;

3. Applicable and collectible liability insurance from one or

more qualified insurers; or

4. Any other satisfactory form of funding approved by the

court.

G. On termination of periodic payments of future damages, the

court shall order the return of the security, or as much as remains,

to the defendant.

H. On the death of the recipient, money damages awarded for

loss of future earnings shall continue to be paid to the estate of

the recipient of the award without reduction. Following the

satisfaction or termination of any obligations specified in the

judgment for periodic payments, any obligation of the defendant

health care provider to make further payments ends and any security

given reverts to the defendant.

I. For purposes of computing the award of attorney fees when

the plaintiff is awarded a recovery that will be paid in periodic

payments, the court shall place a total value on the payments based

on the plaintiff’s projected life expectancy and reduce the amount

to present value.

J. Each periodic payment shall include the principal owed to

the party plus interest at the rate applicable for postjudgment

interest as provided by law.
Okla. Stat. tit. 23, § 23-15 — OK Code / Title 23 / Section 23-15
Joint tortfeasor liability - Several only
Status: in_force

A. In any civil action based on fault and not arising out of

contract, the liability for damages caused by two or more persons

Oklahoma Statutes - Title 23. Damages Page 7

shall be several only and a joint tortfeasor shall be liable only

for the amount of damages allocated to that tortfeasor.

B. This section shall not apply to actions brought by or on

behalf of the state.

C. The provisions of this section shall apply to all civil

actions based on fault and not arising out of contract that accrue

on or after November 1, 2011.
Okla. Stat. tit. 23, § 23-63 — OK Code / Title 23 / Section 23-63
Detainer by trustee
Status: in_force

For willfully holding over real property by a person who entered

upon the same as guardian or trustee for an infant, or by right of

an estate terminable with any life or lives, after the termination

of the trust or particular estate, without the consent of the party

immediately entitled after such termination, the measure of damages

is the value of the profits received during such holding over.

R.L. 1910, § 2874.
Okla. Stat. tit. 23, § 23-98 — OK Code / Title 23 / Section 23-98
Nominal damages
Status: in_force

When a breach of duty has caused no appreciable detriment to the

party affected, he may yet recover nominal damages.

R.L. 1910, § 2891.

Oklahoma Statutes - Title 23. Damages Page 16
Okla. Stat. tit. 23, § 23-5 — OK Code / Title 23 / Section 23-5
Future detriment
Status: in_force

Damages may be awarded in a judicial proceeding for detriment

resulting after the commencement thereof, or certain to result in

the future.

R.L. 1910, § 2847.

Oklahoma Statutes - Title 23. Damages Page 2
Okla. Stat. tit. 23, § 23-12 — OK Code / Title 23 / Section 23-12
Defense of contributory negligence or assumption of risk as
Status: in_force

question of fact.

The defense of contributory negligence or of assumption of risk

shall, in all cases whatsoever, be a question of fact, and shall at

all times be left to the jury, unless a jury is waived by the

parties.
Okla. Stat. tit. 23, § 23-61 — OK Code / Title 23 / Section 23-61
Obligation not arising from contract
Status: in_force

For the breach of an obligation not arising from contract, the

measure of damages, except where otherwise expressly provided by

Oklahoma Statutes - Title 23. Damages Page 10

this chapter, is the amount which will compensate for all detriment

proximately caused thereby, whether it could have been anticipated

or not.

R.L. 1910, § 2872.
Okla. Stat. tit. 23, § 23-28 — OK Code / Title 23 / Section 23-28
Breach of agreement to buy
Status: in_force

The detriment caused by the breach of an agreement to purchase

an estate in real property, is deemed to be the excess, if any, of

the amount which would have been due to the seller under the

contract, over the value of the property to him.

R.L. 1910, § 2859.
Okla. Stat. tit. 23, § 23-61.1 — OK Code / Title 23 / Section 23-61.1
Jury to return general verdict
Status: in_force

In all jury trials the jury shall return a general verdict, and

no law in force nor any law hereafter enacted shall require the

court to direct the jury to make findings of particular questions of

fact, but the court, in its discretion, may direct such special

findings.
Okla. Stat. tit. 23, § 23-92 — OK Code / Title 23 / Section 23-92
Value to buyer or owner
Status: in_force

In estimating damages, except as provided by the two following

sections, the value of property to a buyer or owner thereof,

deprived of its possession, is deemed to be the price at which he

might have bought an equivalent thing, in the market nearest to the

Oklahoma Statutes - Title 23. Damages Page 15

place where the property ought to have been put into his possession,

and at such time after the breach of duty upon which his right to

damages is founded as would suffice, with reasonable diligence, for

him to make such a purchase.

R.L. 1910, § 2885.
Okla. Stat. tit. 23, § 23-114 — OK Code / Title 23 / Section 23-114
Relief to prevailing plaintiff
Status: in_force

A court may award the following relief to a plaintiff who

prevails in an action brought pursuant to this act:

1. Damages;

2. Costs and fees, including reasonable attorney fees; and

3. Punitive damages in an amount equal to Fifty Thousand

Dollars ($50,000.00), or three (3) times the total damages, costs

and fees, whichever is greater.
Okla. Stat. tit. 23, § 23-64 — OK Code / Title 23 / Section 23-64
Conversion of personalty
Status: in_force

The detriment caused by the wrongful conversion of personal

property is presumed to be:

1. The value of the property at the time of the conversion with

the interest from that time; or,

Oklahoma Statutes - Title 23. Damages Page 13

2. Where the action has been prosecuted with reasonable

diligence, the highest market value of the property at any time

between the conversion and the verdict, without interest, at the

option of the injured party; and,

3. A fair compensation for the time and money properly expended

in pursuit of the property.

R.L. 1910, § 2875.
Okla. Stat. tit. 23, § 23-95 — OK Code / Title 23 / Section 23-95
Exclusive of exemplary damages
Status: in_force

The damages prescribed by this article are exclusive of

exemplary damages and interest, except where those are expressly

mentioned.

R.L. 1910, § 2888.
Okla. Stat. tit. 23, § 23-70 — OK Code / Title 23 / Section 23-70
Willful holding over real property
Status: in_force

For willfully holding over real property, by a tenant after the

end of his term, and after notice to quit has been duly given, and

demand of possession made, the measure of damages is double the

yearly value of the property, for the time of withholding, in

addition to compensation for the detriment occasioned thereby.

R.L. 1910, § 2881.
Okla. Stat. tit. 23, § 23-7 — OK Code / Title 23 / Section 23-7
Jury may allow interest
Status: in_force

In an action for the breach of an obligation not arising from

contract, and in every case of oppression, fraud or malice, interest

may be given in the discretion of the jury.

R.L. 1910, § 2849.
Okla. Stat. tit. 23, § 23-38 — OK Code / Title 23 / Section 23-38
Detriment caused by carrier's delay
Status: in_force

The detriment caused by a carrier's delay in the delivery of

freight, is deemed to be the depreciation in the intrinsic value of

the freight during the delay, and also the depreciation, if any, in

the market value thereof, otherwise than by reason of a depreciation

in its intrinsic value, at the place where it ought to have been

delivered, and between the day at which it ought to have been

delivered and the day of its actual delivery.

R.L. 1910, § 2869.
Okla. Stat. tit. 23, § 23-97 — OK Code / Title 23 / Section 23-97
Damages must be reasonable
Status: in_force

Damages must, in all cases, be reasonable, and where an

obligation of any kind appears to create a right to unconscionable

and grossly oppressive damages, contrary to substantial justice, no

more than reasonable damages can be recovered.

R.L. 1910, § 2890.
Okla. Stat. tit. 23, § 23-93 — OK Code / Title 23 / Section 23-93
Peculiar value
Status: in_force

Where certain property has a peculiar value to a person

recovering damages for deprivation thereof, or injury thereto, that

may be deemed to be its value against one who had notice thereof

before incurring a liability to damages in respect thereof, or

against a willful wrongdoer.

R.L. 1910, § 2886.