Okla. Stat. tit. 76, § 76-50.2 — OK Code / Title 76 / Section 76-50.2
Definitions
Status: in_force

As used in the Oklahoma Livestock Activities Liability

Limitation Act:

1. "Engages in a livestock activity" includes training, racing,

showing, riding, or assisting in medical treatment of, or driving

livestock, or engaging in any agritourism activity involving

livestock or on a location where livestock are displayed or raised,

and any person assisting a participant, livestock activity sponsor

or livestock professional. The term "engages in a livestock

activity" does not include being a spectator at a livestock

activity, except in cases where the spectator places himself or

herself in immediate proximity to livestock activity;

2. "Agritourism activity" includes, but is not limited to, any

activity carried out on a farm or ranch that allows members of the

general public, for recreational, entertainment, or educational

purposes, to view or enjoy rural activities, including farming,

ranching, historic, cultural, harvest-your-own activities, or

natural activities and attractions. An activity is an agritourism

Oklahoma Statutes - Title 76. Torts Page 35

activity whether or not the participant pays to participate in the

activity;

3. "Livestock" means any cattle, bison, hog, sheep, goat,

equine livestock, including but not limited to animals of the

families bovidae, cervidae and antilocapridae or birds of the ratite

group;

4. "Livestock activity" includes but is not limited to:

a. livestock shows, fairs, livestock sales, competitions,

performances, or parades that involve any or all

breeds of livestock and any of the livestock

disciplines, including, but not limited to, rodeos,

auctions, driving, pulling, judging, cutting and

showing,

b. livestock training or teaching activities or both such

training and teaching activities,

c. boarding or pasturing livestock,

d. inspecting or evaluating livestock belonging to

another, whether or not the owner has received some

monetary consideration or other thing of value for the

use of the livestock or is permitting a prospective

purchaser of the livestock to inspect or evaluate the

livestock,

e. drives, rides, trips, hunts or other livestock

activities of any type however informal or impromptu

that are sponsored by a livestock activity sponsor,

f. placing or replacing horseshoes on an equine, or

otherwise preparing livestock for show, and

g. agritourism activities involving the viewing of,

handling of, riding of, showing of, or other

interactive activities with livestock;

5. "Livestock activity sponsor" means an individual, group,

club, partnership or corporation, whether or not the sponsor is

operating for profit or nonprofit, which sponsors, organizes, or

provides the facilities for, a livestock activity, including but not

limited to: livestock clubs, 4-H clubs, FFA chapters, school and

college-sponsored classes, programs and activities, therapeutic

riding programs, and operators, instructors, and promoters of

livestock facilities, including, but not limited to, barns, stables,

clubhouses, ponyride strings, fairs and arenas at which the activity

is held;

6. "Livestock professional" means a person engaged for

compensation in:

a. instructing a participant or renting to a participant

livestock for the purpose of engaging in livestock

activity, or

b. renting equipment or tack to a participant;

Oklahoma Statutes - Title 76. Torts Page 36

7. "Inherent risks of livestock activities" means those dangers

or conditions which are an integral part of livestock activities,

including but not limited to:

a. the propensity of livestock to behave in ways that may

result in injury to persons on or around them,

b. the unpredictability of livestock's reaction to such

things as sounds, sudden movement and unfamiliar

objects, persons or other animals,

c. certain hazards such as surface and subsurface

conditions unknown to the livestock activity sponsor,

d. collisions with other livestock or objects, and

e. the potential of tack to become dislodged or move in

ways that may result in injury to persons on or around

livestock activities; and

8. "Participant" means any person, whether amateur or

professional, who engages in a livestock activity, whether or not a

fee is paid to participate in the livestock activity.
Okla. Stat. tit. 76, § 76-102 — OK Code / Title 76 / Section 76-102
Short title - Innocent Successor Asbestos-Related
Status: in_force

Liability Fairness Act.

SHORT TITLE. This act shall be known and may be cited as the

"Innocent Successor Asbestos-Related Liability Fairness Act".
Okla. Stat. tit. 76, § 76-50.1 — OK Code / Title 76 / Section 76-50.1
Short title – Legislative intent - Construction
Status: in_force

A. This act shall be known and may be cited as the “Oklahoma

Livestock Activities Liability Limitation Act”.

B. 1. The Oklahoma Legislature recognizes that persons who

engage in livestock activities may incur injuries as a result of the

risks involved in such activities even in the absence of any fault

or negligence on the part of persons or entities who sponsor,

participate or organize those activities.

2. The Oklahoma Legislature finds that the state and its

citizens derive numerous economic and personal benefits from

livestock activities.

3. It is, therefore, the intent of the Oklahoma Legislature to

encourage livestock activities by limiting the civil liability of

livestock activities sponsors, participants and livestock

professionals involved in such activities.

C. The provisions of the Oklahoma Livestock Activities

Liability Limitation Act shall not be construed to conflict or amend

Sections 10 through 15.1 of Title 76 of the Oklahoma Statutes.
Okla. Stat. tit. 76, § 76-20.1 — OK Code / Title 76 / Section 76-20.1
Healing arts - Standard of care
Status: in_force

The standard of care required of those engaging in the practice

of the healing arts within the State of Oklahoma shall be measured

by national standards.
Okla. Stat. tit. 76, § 76-86 — OK Code / Title 76 / Section 76-86
Defendant's identification of additional or alternative
Status: in_force

personal injury trusts.

DEFENDANT'S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL

INJURY TRUSTS.

A. 1. Not later than ninety (90) days before trial, any

defendant may move the court for an order under subsection D of this

section by identifying a personal injury trust against which the

defendant in good faith believes the plaintiff can file a successful

claim. For each personal injury trust a defendant identifies, the

defendant shall produce or describe the evidence sufficient to meet

the personal injury trust distribution procedure requirements to

file a valid claim and the amount of money the trust should pay for

the claim.

2. Notwithstanding any other provision of this subsection, if

the plaintiff produces additional information that supports the

filing of an additional personal injury trust claim, a defendant may

file a motion to stay the proceedings within seven (7) days of

receiving the additional information.

B. Within ten (10) days of receiving a motion under subsection

A of this section, the plaintiff shall, for each personal injury

trust identified by the defendant:

1. File a claim with the personal injury trust;

2. File a written response with the court that sets forth

reasons why there is insufficient evidence to permit the plaintiff

to file a claim in good faith under the personal injury trust

distribution procedure identified by the defendant; or

3. File a written response with the court requesting a

determination that the plaintiff's or attorney's fees and expenses

to prepare and file the personal injury trust claim identified in

the defendant's motion exceed the plaintiff’s reasonably anticipated

recovery from the personal injury trust.

C. If the defendant has met its burden under subsection A of

this section, and if the plaintiff files a response pursuant to

Oklahoma Statutes - Title 76. Torts Page 51

paragraph 2 of subsection B of this section, the court shall

determine, for each personal injury trust identified under

subsection A of this section, whether there is a good-faith basis

for the plaintiff to file a claim with the personal injury trust or

if the plaintiff does not meet criteria set forth in the personal

injury trust's trust governance documents.

D. If the defendant has met its burden under subsection A of

this section and if the plaintiff files a response pursuant to

paragraph 3 of subsection B of this section, the court shall

determine if the plaintiff’s or attorney's fees and expenses to

prepare and file the personal injury trust claim identified in the

defendant's motion, exceed the plaintiff’s reasonably anticipated

recovery from the personal injury trust.

E. If the court determines that there is a good-faith basis for

the plaintiff to file a claim against a personal injury trust

identified by a defendant, the court shall:

1. Order the plaintiff to file a claim with the personal injury

trust and stay the immediate action until the plaintiff swears or

affirms that he or she has filed the claim against the personal

injury trust and the plaintiff provides to all parties a final

executed proof of claim and all other trust claims materials

relevant to each claim the plaintiff has against a personal injury

trust; or

2. If the court determines, pursuant to subsection D of this

section, that the plaintiff’s or attorney's fees and expenses exceed

the plaintiff’s reasonably anticipated recovery from the personal

injury trust, the court shall stay the immediate action until the

plaintiff files with the court and produces to all parties a

verified statement of the plaintiff’s history of exposure, usage, or

other connection, as relevant, to the products, services, or events

covered by the personal injury trust.

F. Not less than thirty (30) days after the plaintiff provides

the documentation required under subsection D of this section, the

court may schedule the plaintiff's action for trial.

G. Not less than thirty (30) days prior to trial, the court

shall enter into the record a trust claims document that identifies

each personal injury claim the plaintiff has made against a personal

injury trust.
Okla. Stat. tit. 76, § 76-5.8 — OK Code / Title 76 / Section 76-5.8
Voluntary architectural or engineering services following
Status: in_force

declared national, state or local emergency - Immunity from

liability.

A. A licensed architect or professional engineer who

voluntarily, without compensation other than expense reimbursement,

provides architectural, structural, electrical, mechanical or other

design professional services related to a declared national, state

or local emergency caused by a natural disaster or catastrophic

Oklahoma Statutes - Title 76. Torts Page 9

event, at the request of or with the approval of a national, state

or local public official, law enforcement official, public safety

official or building inspection official believed by the licensed

architect or professional engineer to be acting in an official

capacity, shall not be liable for any personal injury, wrongful

death, property damage or other loss of any nature related to the

licensed architect's or professional engineer's acts or omissions in

the performance of such professional services for any publicly or

privately owned structure, building, facility, project utility,

equipment, machine, process, piping or other system. Nothing in

this section shall provide immunity for injury or damage resulting

from gross negligence or willful or wanton misconduct in rendering

the emergency professional services. The immunity provided in this

section shall apply only to a voluntary architectural or engineering

service that occurs during the emergency or within ninety (90) days

following the end of the period for an emergency, disaster or

catastrophic event, unless extended by an executive order issued by

the Governor under the Governor's emergency executive powers.

B. In the event a natural disaster or catastrophic event

described pursuant to subsection A of this section occurs, and the

services of licensed architects or professional engineers who

provide architectural, structural, electrical, mechanical or other

design professional services are required, but the number of

professional persons licensed or registered in this state is

insufficient for such purpose, any person licensed or registered in

another state to practice such profession and who is a member of a

mobile support team or unit of the licensing state, may inspect and

placard structures for safety and habitability in this state upon

request by the Governor of this state and order of the Governor of

the person's home state without being licensed or registered in this

state. Out-of-state licensed architects or professional engineers

who inspect and placard structures for safety and habitability under

these conditions shall not be liable for any personal injury,

wrongful death, property damage or other loss related to the

licensed architect's or professional engineer's acts or omissions in

the performance of such emergency professional services for any

publicly or privately owned structure, building, facility, project

utility, equipment, machine, process, piping or other system.

Nothing in this section shall provide immunity for injury or damage

resulting from gross negligence or willful or wanton misconduct in

rendering the emergency professional services. The immunity

provided in this section shall apply only to a voluntary

architectural or engineering service of inspecting and placarding

structures for safety and habitability that occurs during the

emergency or within ninety (90) days following the end of the period

for an emergency, disaster or catastrophic event, unless extended by

Oklahoma Statutes - Title 76. Torts Page 10

an executive order issued by the Governor of this state under the

Governor's emergency executive powers.

C. For the purposes of this section:

1. "Building inspection official" means any appointed or

elected federal, state or local official with executive

responsibility to coordinate building inspection in the jurisdiction

in which the emergency or event has occurred;

2. "Law enforcement official" means any appointed or elected

federal, state or local official with executive responsibility to

coordinate law enforcement in the jurisdiction in which the

emergency or event has occurred;

3. "Licensed architect" means a person duly licensed pursuant

to Section 46.1 et seq. of Title 59 of the Oklahoma Statutes;

4. "Professional engineer" means a person duly licensed and

registered pursuant to Section 475.1 et seq. of Title 59 of the

Oklahoma Statutes;

5. "Public official" means any elected federal, state or local

official with executive responsibility in the jurisdiction in which

the emergency or event has occurred; and

6. "Public safety official" means any appointed or elected

federal, state or local official with executive responsibility to

coordinate public safety in the jurisdiction in which the emergency

or event has occurred.
Okla. Stat. tit. 76, § 76-5.4 — OK Code / Title 76 / Section 76-5.4
Good Samaritan Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the purpose of paying claims approved under this act to be

designated the Good Samaritan Revolving Fund. The fund shall be

administered in accordance with standard revolving fund procedures.
Okla. Stat. tit. 76, § 76-17 — OK Code / Title 76 / Section 76-17
Medical malpractice - Reporting of the claim to licensing
Status: in_force

board.

Whenever a claim of personal injury is made against any

practitioner of the healing arts or a licensed hospital, a report

shall be made to the appropriate licensing board or agency by the

liability insurer of such practitioner or hospital within sixty (60)

days after receipt of information that a claim is being made. In

the event that such claim is made against a party not insured, the

report shall be made by the party. The report shall be in writing

on a form containing the following information:

1. The name and address of the practitioner or hospital;

2. The name, age and address of the claimant;

3. A brief statement of the nature of the injury, illness or

condition complained of and the act or omission complained of; and

4. Whether a suit is pending and, if so, the court, style and

docket number of the action.

And whenever such claim or suit is concluded, the disposition

shall be reported to the appropriate board or agency promptly.

This report shall be privileged except as hereinafter provided.

The licensing board or agency shall take any remedial,

disciplinary or corrective action as it may deem warranted by the

facts contained in the report.

Any person or liability insurer failing to furnish a report on a

claim as required in this section shall be guilty of a misdemeanor.

Further, the board or agency shall annually furnish the

President Pro Tempore of the Senate and the Speaker of the House of

Representatives a full report of all such claims except that names

and addresses of all parties shall be omitted. Such report shall

include disposition of the claim as well as a report of all action

taken by the board or agency and the reason therefor.
Okla. Stat. tit. 76, § 76-25 — OK Code / Title 76 / Section 76-25
Professional review body, staff and personnel - Limitation
Status: in_force

of liability.

A professional review body, members and staff of such

professional review body and persons who contract with such

professional review body shall not be liable in any way in damages

under any law of this state with respect to a professional review

action taken in good faith by such professional review body.
Okla. Stat. tit. 76, § 76-1 — OK Code / Title 76 / Section 76-1
Rights of others must be respected
Status: in_force

Every person is bound, without contract, to abstain from

injuring the person or property of another, or infringing upon any

of his rights.

R.L. 1910, § 992.
Okla. Stat. tit. 76, § 76-112 — OK Code / Title 76 / Section 76-112
Short title - COVID-19 Product Protection Act –
Status: in_force

Limitations on liability.

A. This section shall be known and may be cited as the "COVID-

19 Product Protection Act".

B. As used in this act:

1. "COVID-19" means the novel coronavirus identified as SARS-

CoV-2, the disease caused by SARS-CoV-2, and conditions associated

with the disease;

2. "COVID-19 public health emergency" means any emergency

declared by the Governor of Oklahoma related to COVID-19, including

but not limited to the emergency declared by the Governor by

Executive Order 2020-07, and any amendments thereto, under the

Oklahoma Emergency Management Act of 2003, Section 683.1 et seq. of

Title 63 of the Oklahoma Statutes, beginning on March 15, 2020, and

Oklahoma Statutes - Title 76. Torts Page 75

the health emergency declared by the Governor by Executive Order

2020-13, and any amendments thereto, under the Catastrophic Health

Emergency Powers Act, Section 6101 et seq. of Title 63 of the

Oklahoma Statutes, beginning on April 8, 2020;

3. "Disinfecting and cleaning supplies" includes, but is not

limited to, hand sanitizers, disinfectants, sprays, and wipes;

4. "Essential business" means a person or entity:

a. within a critical infrastructure sector as defined by

the United States Department of Homeland Security,

b. defined as essential by the Oklahoma Department of

Commerce through use of the North American Industry

Classification System during the COVID-19 pandemic, or

c. within an industry designated as critical or essential

by Executive Order or Executive Memorandum;

5. "First responder" means state and local law enforcement

personnel, fire department personnel and emergency medical

personnel. First responder includes a person authorized by

executive order who will be deployed in response to the COVID-19

pandemic;

6. "Health care facility" and "health care provider" shall have

the same meaning as such terms are defined as provided in Section

6104 of Title 63 of the Oklahoma Statutes;

7. "Person" means an individual, firm, partnership, corporation

or association;

8. "Personal protective equipment" means coveralls, face

shields, gloves, gowns, masks, respirators, and other equipment

designed to protect the wearer from the spread of infection or

illness; and

9. "Qualified product" means personal protective equipment used

to protect the wearer from COVID-19 or the spread of COVID-19;

medical devices, equipment, or supplies used to treat COVID-19

including products that are used or modified for an unapproved use

to treat COVID-19 or prevent the spread of COVID-19; medical

devices, equipment, or supplies utilized outside of such product's

normal use to treat COVID-19 or to prevent the spread of COVID-19;

medications used to treat COVID-19 patients including medications

prescribed or dispensed for off-label use to attempt to combat

COVID-19; tests to diagnose or determine immunity to COVID-19; and

components of qualified products.

C. Except as provided by subsection E of this section, any

person that designs, manufactures, labels, sells, distributes, or

donates disinfecting and cleaning supplies or personal protective

equipment during and in response to the COVID-19 public health

emergency that does not make such products in the ordinary course of

business shall not be liable in a civil action alleging personal

injury, death or property damage caused by or resulting from the

Oklahoma Statutes - Title 76. Torts Page 76

product's manufacturing or design, or a failure to provide proper

instructions or sufficient warnings.

D. Except as provided by subsection E of this section, a

government entity, health care facility, health care provider, first

responder, or any business, or the employer or agent of such

business, that utilizes a product meeting the qualifications of

either subsection C or D of this section, shall not be liable in a

civil action alleging personal injury, death or property damage

caused by or resulting from the selection, distribution, or use of

such product.

E. The immunity provided in subsections C and D of this section

shall not apply to any person, or any employee or agent thereof,

that:

1. a. Had actual knowledge that the product was defective

when put to the use for which the product was

manufactured, sold, distributed, or donated, and

b. Acted with deliberate indifference to or conscious

disregard of a substantial and unnecessary risk that

the product would cause serious injury to others; or

2. Acted with a deliberate intention to cause harm.

F. Nothing contained in this section shall be construed to:

1. Relieve a plaintiff of the need to satisfy any required

element of a claim; or

2. Amend, repeal, alter or affect any other immunity or

limitation of liability provided for under the laws of this state.

G. The provisions of this section shall apply to any claim

arising on or after the emergency declared by the Governor of

Oklahoma related to COVID-19 by Executive Order 2020-07 on March 15,

2020.
Okla. Stat. tit. 76, § 76-5.1 — OK Code / Title 76 / Section 76-5.1
Indemnification of private citizens or their dependents
Status: in_force

for consequences of meritorious action.

A. The state may indemnify private citizens, or any persons

dependent upon such citizens for their principal support for any

injury, death or damage sustained by such citizens or any persons

dependent upon such citizens for their principal support as a direct

consequence of meritorious action, as provided in the Good Samaritan

Act, to the extent that they are not compensated for the injury,

death or damage from any other source.

B. As used in this act, private citizen means any natural

person other than a peace officer, fire fighter, lifeguard or person

whose employment includes the duty to protect the public safety

acting within the course and scope of such employment.
Okla. Stat. tit. 76, § 76-94 — OK Code / Title 76 / Section 76-94
Prerequisite of prima facie showing in asbestos claims -
Status: in_force

Detailed occupational and exposure history - Evidence standards.

A. No person shall have an asbestos claim placed on any active

trial roster in this state, or brought to trial in this state, or

conduct discovery in an asbestos claim in this state, in the absence

of a prima facie showing of asbestos-related malignancy or

impairment as shown by service on each defendant of the information

listed in either paragraph 1 or 2 of this subsection:

1. A report by a physician who is board-certified in pulmonary

medicine, occupational medicine, internal medicine, oncology, or

pathology at the time of issuing the relevant medical report

concluding:

a. the exposed person has been diagnosed with

mesothelioma or other asbestos-related malignancy,

b. to a reasonable degree of medical certainty, exposure

to asbestos was a proximate cause of the diagnosed

mesothelioma or other asbestos-related malignancy,

accompanied by a conclusion that the exposed person's

medical findings were not more probably the result of

other causes revealed by the exposed person's

employment and medical history. A conclusion that the

exposed person's physical impairment or impairments

are "consistent with" or "compatible with"

mesothelioma or other asbestos-related malignancy does

not meet the requirements of this section, and

c. for malignant asbestos-related conditions other than

mesothelioma, that the exposed person has an

underlying nonmalignant asbestos-related condition and

Oklahoma Statutes - Title 76. Torts Page 58

that at least fifteen (15) years have elapsed between

the date of first exposure to asbestos and the date of

diagnosis of the malignancy; or

2. A report by a physician who is board-certified in pulmonary

medicine, internal medicine, occupational medicine, or pathology

that:

a. the exposed person has been diagnosed with a

nonmalignant asbestos-related condition, and

b. confirms that a physician actually treating or who

treated the exposed person, or who has or who had a

doctor-patient relationship with the exposed person or

a medical professional employed by and under the

direct supervision and control of such physician:

(1) performed a physical examination of the exposed

person, or if the exposed person is deceased,

reviewed available records relating to the

exposed person's medical condition,

(2) took an occupational and exposure history from

the exposed person or from a person knowledgeable

about the alleged exposure or exposures that form

the basis of the action, and

(3) took a medical and smoking history that includes

a review of the exposed person's significant past

and present medical problems relevant to the

exposed person's impairment or disease,

c. sets out sufficient details of the exposed person's

occupational, exposure, medical, and smoking history

to form the basis for a medical diagnosis of an

asbestos-related condition and confirms that at least

fifteen (15) years have elapsed between the exposed

person's first exposure to asbestos and the date of

diagnosis,

d. confirms that the exposed person has a pathological

diagnosis of asbestosis graded 1(B) or higher under

the criteria published in "Asbestos-Associated

Diseases", 106 Archives of Pathology and Laboratory

Medicine 11, Appendix 3 (October 8, 1982), as amended

from time to time, or

e. confirms that the exposed person's chest x-ray shows

bilateral small irregular opacities (s, t, or u) with

a profusion grading of 2/2 or higher on the ILO system

of classification, or

f. confirms that the exposed person has radiological

evidence of asbestosis and/or pleural thickening

showing:

(1) bilateral small irregular opacities (s, t, or u)

with a profusion grading of 1/1 or higher, or

Oklahoma Statutes - Title 76. Torts Page 59

(2) bilateral diffuse pleural thickening graded

extent b2 or higher, including blunting of the

costophrenic angle, and

g. (1) confirms that in cases described in subparagraph

d or f of this paragraph, the exposed person has

or had physical impairment rated at least Class 2

pursuant to the AMA Guides to the Evaluation of

Permanent Impairment (5th Edition) (dated

November 2000) demonstrating:

(a) forced vital capacity below the lower limit

of normal and FEV1/FVC ratio (using actual

values) at or above the lower limit of

normal, or

(b) total lung capacity, by plethysmography or

timed gas dilution, below the lower limit of

normal, or

(c) if the claimant's medical condition or

process prevents the pulmonary function test

from being performed or makes the results of

such test an unreliable indicator of

physical impairment, a board-certified

physician in pulmonary medicine,

occupational medicine, internal medicine,

oncology, or pathology, independent from the

physician providing the report required

herein, must provide a report which states

to a reasonable degree of medical certainty

that the claimant has a nonmalignant

asbestos-related condition causing physical

impairment equivalent to subdivision (a) or

(b) of this division and states the reasons

why the pulmonary function test would be an

unreliable indicator of physical impairment.

(2) Alternatively and not to be used in conjunction

with subdivision (c) of division (1) of this

subparagraph, if an exposed person's medical

conditions or processes prevent a physician from

being able to diagnose or evaluate that exposed

person sufficiently to make a determination as to

whether that exposed person meets the

requirements of subparagraph f of this paragraph,

the claimant may serve on each defendant a report

by a physician who is board-certified in

pulmonary medicine, occupational medicine,

internal medicine, oncology, or pathology at the

time the report was made that:

Oklahoma Statutes - Title 76. Torts Page 60

(a) verifies that the physician has or had a

doctor-patient relationship with the exposed

person, and

(b) verifies that the exposed person has

asbestos-related pulmonary impairment as

demonstrated by pulmonary function testing

showing:

(i) forced vital capacity below the lower

limit of normal and total lung

capacity, by plethysmography, below the

lower limit of normal, or

(ii) forced vital capacity below the lower

limit of normal and FEV1/FVC ratio

(using actual values) at or above the

lower limit of normal, and

(c) verifies that the exposed person has a chest

x-ray and computed tomography scan or high-

resolution computed tomography scan read by

the physician or a physician who is board-

certified in pulmonary medicine,

occupational medicine, internal medicine,

oncology, pathology, or radiology showing

either bilateral pleural disease or

bilateral parenchymal disease diagnosed and

reported as being a consequence of asbestos

exposure,

h. confirms that the physician has concluded that the

exposed person's medical findings and impairment were

not more probably the result of causes other than

asbestos exposure as revealed by the exposed person's

occupational, exposure, medical, and smoking history,

and

i. is accompanied by the relevant radiologist's reports,

pulmonary function tests, including printouts of all

data, flow volume loops, and other information to the

extent such has been performed demonstrating

compliance with the equipment, quality,

interpretation, and reporting standards set out in the

Asbestos and Silica Claims Priorities Act, lung volume

tests, diagnostic imaging of the chest, pathology

reports, or other testing reviewed by the physician in

reaching the physician's conclusions. Upon request,

the relevant computed tomography scans and/or chest x-

rays will be made available for review.

B. The detailed occupational and exposure history required

herein must describe:

Oklahoma Statutes - Title 76. Torts Page 61

1. The exposed person's principal employments where it was

likely there was exposure to airborne contaminants (including

asbestos, silica, and other disease-causing dusts, mists, fumes, and

airborne contaminants) that can cause pulmonary injury; and

2. Identification of the general nature, duration, and

frequency of the exposed person's exposure to airborne contaminants,

including asbestos and other dusts that can cause pulmonary injury.

C. All evidence and reports used in presenting the prima facie

showing required in this section, including pulmonary function

testing and diffusing studies, if any:

1. Must comply with the technical recommendations for

examinations, testing procedures, quality assurance, quality

controls, and equipment in the AMA's Guidelines to the Evaluation of

Permanent Impairment and the most current version of the Official

Statements of the American Thoracic Society regarding lung function

testing. Testing performed in a hospital or other medical facility

that is fully licensed and accredited by all appropriate regulatory

bodies in the state in which the facility is located is presumed to

meet the requirements of this act. This presumption may be rebutted

by evidence demonstrating that the accreditation or licensing of the

hospital or other medical facility has lapsed, or providing specific

facts demonstrating that the technical recommendations for

examinations, testing procedures, quality assurance, quality

control, and equipment have not been followed;

2. Must not be obtained through testing or examinations that

violate any applicable law, regulation, licensing requirement, or

medical code of practice;

3. Must not be obtained under the condition that the exposed

person retains legal services in exchange for the examination,

testing, or screening;

4. Shall not result in any presumption at trial that the

exposed person is impaired by an asbestos or silica-related

condition; and

5. Shall not be conclusive as to the liability of any

defendant.

D. The conclusion that a prima facie showing has been made is

not admissible at trial.
Okla. Stat. tit. 76, § 76-101 — OK Code / Title 76 / Section 76-101
Severe weather shelter - Immunity from suit
Status: in_force

Any entity or individual that provides access to a safe place in

times of severe weather shall not be liable for any civil damages to

any person using the safe place during severe weather if the entity

or individual was acting in good faith and the damage or injury was

not caused by the willful or wanton negligence or misconduct of the

entity or individual.

Oklahoma Statutes - Title 76. Torts Page 69

As used in this section:

1. "Safe place" means any property, dwelling, shelter or other

structure that can be reasonably considered protection from severe

weather; and

2. "Severe weather" includes but is not limited to tornadoes,

high winds and floods.
Okla. Stat. tit. 76, § 76-32.1 — OK Code / Title 76 / Section 76-32.1
Liability for physician or health care provider acting in
Status: in_force

volunteer capacity.

A. As used in this section:

1. “Health care provider” means any person or other entity who

is licensed, certified or otherwise authorized by the provisions of

Title 59 or Title 63 of the Oklahoma Statutes to render health care

services in the practice of a profession or in the ordinary course

of business;

2. “Health care services” means any services provided by a

physician or health care provider, or by an individual working under

their supervision, that relate to the diagnosis, assessment,

prevention, treatment or care of any human illness, disease, injury

or condition;

3. “Physician” means any person who is a physician licensed,

certified or otherwise authorized to render health care services in

this state; and

4. “Volunteer capacity” means health care services provided

without remuneration regardless of whether or not the health care

services are prearranged. Admission without cost to the secondary

school event does not constitute remuneration.

B. Any physician or health care provider providing health care

services in a volunteer capacity at a secondary school function in

this state who renders or attempts to render care to an injured

participant who is in need of immediate medical aid shall not be

liable for damages as a result of any acts or omissions except for

committing gross negligence or willful or wanton negligence in

rendering the emergency care.

C. This section shall apply to all civil actions filed on or

after January 1, 2011.
Okla. Stat. tit. 76, § 76-90 — OK Code / Title 76 / Section 76-90
Short title - Asbestos and Silica Claims Priorities Act
Status: in_force

This act shall be known and may be cited as the "Asbestos and

Silica Claims Priorities Act".
Okla. Stat. tit. 76, § 76-87 — OK Code / Title 76 / Section 76-87
Valuation of personal injury trust claims - Judicial
Status: in_force

notice.

VALUATION OF PERSONAL INJURY TRUST CLAIMS; JUDICIAL NOTICE.

If a plaintiff proceeds to trial under this section before one

of more of his or her personal injury trust claims is resolved,

there is a rebuttable presumption that the plaintiff is entitled to,

and will receive, the liquidated value specified in the trust

Oklahoma Statutes - Title 76. Torts Page 52

governance document applicable to his or her claim at the time of

trial. The court may take judicial notice that the trust governance

document specifies compensation amounts and payment percentages and

shall establish an attributed value to the plaintiff's personal

injury trust claim.
Okla. Stat. tit. 76, § 76-11 — OK Code / Title 76 / Section 76-11
Renumbered as § 16-71.2 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-19 — OK Code / Title 76 / Section 76-19
Access to medical records - Copies - Waiver of privilege -
Status: in_force

Exception for inmates when threat to safety or security of self or

institution.

A. 1. Any person who is or has been a patient of a doctor,

hospital or other medical institution shall be entitled, upon

request, to obtain access to the information contained in the

patient's medical records including any x-ray or other photograph or

image, pathology slide or the patient's medical bills. Disclosure

regarding a deceased patient shall require either a court order or a

written release of an executor, administrator or personal

representative appointed by the court, or if there is no such

appointment, by the spouse of the patient or, if none, by any

responsible member of the family of the patient. As used in this

paragraph, "responsible family member" shall mean the parent, adult

child, adult sibling or other adult relative who was actively

involved in providing care to or monitoring the care of the patient

as verified by the doctor, hospital or other medical institution

responsible for the care and treatment of such person.

2. Any person who is or has been a patient of a doctor,

hospital or other medical institution shall be furnished copies of

all medical records including any x-ray, other photograph or image,

pathology slide or all medical bills pertaining to that person's

case upon request and upon the tender of the expenses enumerated in

this paragraph. The cost of each copy to such person or to the

personal representative, spouse or responsible family member of such

person, not including any x-ray or other photograph or image or

pathology slide, shall be fifty cents ($0.50) for each page.

Requests for medical records and medical bills from attorneys,

insurance companies and by way of subpoena shall be charged a base

fee of Twenty Dollars ($20.00) in addition to the per page charges

required pursuant to this section, plus postage or delivery fee.

The base fee shall be charged regardless of whether any records

related to the request are located. A fee of Fifteen Dollars

($15.00) shall be charged if a certification or an affidavit by the

provider regarding the authenticity of the medical records or bills

is requested. The physician, hospital or other medical

professionals and institutions, or their business associates as the

term is defined in Section 160.103 of Title 45 of the United States

Code of Federal Regulations shall produce the records in digital

form at the rate of thirty cents ($0.30) per page if:

a. the entire request can be reproduced from an

electronic health record system,

b. the records are specifically requested to be delivered

in electronic format, and

c. the records can be delivered electronically.

If a provider or business associate transmits the records

electronically, no postage shall be charged but a delivery charge

Oklahoma Statutes - Title 76. Torts Page 18

shall apply. In no event shall a charge for the reproduction of

electronically stored and delivered medical records pursuant to this

paragraph exceed Two Hundred Dollars ($200.00) plus postage or

delivery fee. The cost of each printed x-ray, other photograph or

image to such person or to the legal representative of such person

shall be Fifteen Dollars ($15.00). If the x-ray, other photograph

or image is provided on a CD/DVD or other electronic media, the fee

shall be Twenty Dollars ($20.00) per CD/DVD or other electronic

media. The physician, hospital, or other medical professionals and

institutions, or their business associates as the term is defined in

Section 160.103 of Title 45 of the United States Code of Federal

Regulations, shall not charge a person who requests their own record

a fee for searching, retrieving, reviewing, and preparing medical

records of the person. No mailing fee shall be charged for copies

provided by facsimile. All requests for medical records made

pursuant to this subsection shall be subject to the fees described

in this section regardless of where the copies or electronic

versions of such records are actually produced.

3. The provisions of paragraphs 1 and 2 of this subsection

shall not apply to psychological, psychiatric, mental health or

substance abuse treatment records. In the case of psychological,

psychiatric, mental health or substance abuse treatment records,

access to information contained in the records shall be obtained

pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.

4. The provisions of paragraphs 1 and 2 of this subsection

shall not apply to requests for medical records made by the

Disability Determination Division of the State Department of

Rehabilitation Services. The fee for such requests shall be at a

rate allowed by the Social Security Administration.

B. 1. In cases involving a claim for personal injury or death

against any practitioner of the healing arts or a licensed hospital,

or a nursing facility or nursing home licensed pursuant to Section

1-1903 of Title 63 of the Oklahoma Statutes arising out of patient

care, where any person has placed the physical or mental condition

of that person in issue by the commencement of any action,

proceeding, or suit for damages, or where any person has placed in

issue the physical or mental condition of any other person or

deceased person by or through whom the person rightfully claims,

that person shall be deemed to waive any privilege granted by law

concerning any communication made to a physician or health care

provider with reference to any physical or mental condition or any

knowledge obtained by the physician or health care provider by

personal examination of the patient; provided that, before any

communication, medical or hospital record, or testimony is admitted

in evidence in any proceeding, it must be material and relevant to

an issue therein, according to existing rules of evidence.

Psychological, psychiatric, mental health and substance abuse

Oklahoma Statutes - Title 76. Torts Page 19

treatment records and information from psychological, psychiatric,

mental health and substance abuse treatment practitioners may only

be obtained provided the requirements of Section 1-109 of Title 43A

of the Oklahoma Statutes are met.

2. Any person who obtains any document pursuant to the

provisions of this section shall provide copies of the document to

any opposing party in the proceeding upon payment of the expense of

copying the document pursuant to the provisions of this section.

C. This section shall not apply to the records of an inmate in

a correctional institution when the correctional institution

believes the release of such information to be a threat to the

safety or security of the inmate or the institution.
Okla. Stat. tit. 76, § 76-6 — OK Code / Title 76 / Section 76-6
General rights of persons
Status: in_force

Besides the personal rights mentioned or recognized under law,

every person has, subject to the qualifications and restrictions

provided by law, the right of protection from bodily restraint or

harm, from personal insult, from defamation, and from injury to his

personal relations.

R.L. 1910, § 2955.
Okla. Stat. tit. 76, § 76-32 — OK Code / Title 76 / Section 76-32
Volunteer Professional Services Immunity Act
Status: in_force

A. This section shall be known and may be cited as the

"Volunteer Professional Services Immunity Act".

Oklahoma Statutes - Title 76. Torts Page 26

B. As used in the Volunteer Professional Services Immunity Act,

"charitable clinic" means a nonprofit entity organized for the

purpose of providing health care services without charge or for a

minimal fee.

C. Any volunteer professional or volunteer health practitioner

and any organization that arranges for the care given by the

volunteer professional shall be immune from liability in a civil

action on the basis of any act or omission of the volunteer

professional or volunteer health practitioner resulting in damage or

injury if:

1. The volunteer professional or volunteer health practitioner

services were provided at a charitable clinic where the professional

or practitioner receives no compensation for any treatment provided

at the clinic;

2. The volunteer professional or volunteer health practitioner

was acting in good faith and, if licensed, the services provided

were within the scope of the license of the volunteer professional

or volunteer health practitioner;

3. The volunteer professional or volunteer health practitioner

commits the act or omission in the course of providing services; and

4. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the volunteer professional or

volunteer health practitioner.

D. In the event the volunteer professional or volunteer health

practitioner refers the patient covered by this section to another

volunteer professional or volunteer health practitioner for

additional treatment, the referred volunteer professional or

volunteer health practitioner shall be subject to the provisions of

this section if:

1. The referred volunteer professional or volunteer health

practitioner provides services without receiving any compensation

for the treatment;

2. The referred volunteer professional or volunteer health

practitioner was acting in good faith and, if licensed, the services

provided were within the scope of the license of the referred

volunteer professional or volunteer health practitioner;

3. The referred volunteer professional or volunteer health

practitioner commits the act or omission in the course of providing

services; and

4. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the referred volunteer professional

or volunteer health practitioner.

E. The provisions of this section shall not affect the

liability that any person may have which arises from the operation

of a motor vehicle, watercraft, or aircraft in rendering the

service, care, assistance, advice or other benefit as a volunteer

professional or volunteer health practitioner.

Oklahoma Statutes - Title 76. Torts Page 27

F. The immunity from civil liability provided by this section

shall extend only to the actions taken by a person rendering the

service, care, assistance, advice or other benefit as a volunteer

professional or volunteer health practitioner, and does not confer

any immunity to any person for actions taken by the volunteer

professional or volunteer health practitioner prior to or after the

rendering of the service, care, assistance, advice or other benefit

as a volunteer professional or volunteer health practitioner.

G. For the purpose of this section, the term "volunteer

professional" and "referred volunteer professional" means a person

who voluntarily provides professional medically related services

without compensation or expectation of compensation of any kind. A

volunteer professional or a referred volunteer professional shall

include the following licensed professionals, including those

persons licensed in accordance with Section 493.5 of Title 59 of the

Oklahoma Statutes:

1. Physician;

2. Physician assistant;

3. Registered nurse;

4. Advanced practice nurse or vocational nurse;

5. Pharmacist;

6. Podiatrist;

7. Dentist or dental hygienist; or

8. Optometrist.

A volunteer professional shall be engaged in the active practice of

a medical professional or retired from a medically related

profession, if still eligible to provide medically related

professional services within this state.

H. For the purposes of this section, the term "volunteer health

practitioner" and "referred volunteer health practitioner" means a

person who voluntarily provides health-related services without

compensation or expectation of compensation of any kind. A

volunteer health practitioner or referred volunteer health

practitioner shall include the following:

1. Certified nurse aide;

2. Chiropractor;

3. Dental assistant;

4. Dental technician;

5. Dietitian/nutritionist;

6. Emergency medical technician;

7. Licensed alcohol and drug counselor;

8. Licensed behavioral practitioner;

9. Licensed clinical social worker;

10. Licensed practical nurse;

11. Licensed professional counselor;

12. Marital/family therapist;

13. Medical assistant;

Oklahoma Statutes - Title 76. Torts Page 28

14. Medical laboratory technologist;

15. Medical technician;

16. Nuclear medicine technologist;

17. Occupational therapist;

18. Orthopedic technologist;

19. Paramedic;

20. Pharmacy technician;

21. Physical therapist;

22. Psychologist;

23. Radiology technician/technologist;

24. Respiratory therapist;

25. Sonographer;

26. Speech/language pathologist;

27. Veterinarian; and

28. Veterinary technician.

A volunteer health practitioner shall be engaged as an active

health practitioner or retired from a health-related practice if

still eligible to provide health-related services within this state.

I. Any person or entity participating in the Oklahoma Medical

Reserve Corps and assisting with emergency management, emergency

operations, or hazard mitigation in response to any emergency, man-

made disaster, or natural disaster, or participating as authorized

in public health initiatives, disaster drills, or other activities

designed to strengthen emergency response that are endorsed by a

city-county health department, county health department or the state

health department in the State of Oklahoma, shall not be liable for

civil damages on the basis of any act or omission, if:

1. The person was acting in good faith and within the scope of

the official duties and functions of the Oklahoma Medical Reserve

Corps; and

2. The acts or omissions were not caused from gross, willful,

or wanton acts of negligence.

J. This section shall apply to all civil actions filed on or

after:

1. November 1, 2004, for those persons listed in subsection G

of this section; and

2. November 1, 2009, for all other persons listed in subsection

H of this section.
Okla. Stat. tit. 76, § 76-10.1 — OK Code / Title 76 / Section 76-10.1
Landowners encouraged to make land available to public
Status: in_force

for recreational purposes - Limitation on liability – Definitions –

Applicability of section to land and attached roads, water and

structures used primarily for farming or ranching activities.

A. 1. The purpose of this section is to encourage landowners

to make land available to the public for outdoor recreational

purposes by limiting their liability to persons entering upon and

using such land and to third persons who may be damaged by the acts

or omissions of persons going upon these lands.

2. As used in this section:

a. "land" means real property, roads, water,

watercourses, private ways, buildings, structures, and

machinery or equipment when attached to realty,

b. "outdoor recreational purposes" includes any of the

following, or any combination thereof: hunting,

fishing, swimming, boating, camping, picnicking,

hiking, pleasure driving, jogging, cycling, other

sporting events and activities, nature study, water

skiing, jet skiing, winter sports, viewing or enjoying

historical, archaeological, scenic, or scientific

sites, and aviation at non-public-use airports,

c. "owner" means the possessor of a fee interest, a

tenant, lessee, occupant, or person in control of the

land,

d. "charge" means the admission price or fee asked in

return for invitation or permission to enter or go

upon the land. The term "charge" shall not include:

(1) a license or permit fee imposed by a governmental

entity for the purpose of regulating the use of

land, a water or park area, or lake reservation,

(2) hunting, fishing, boating, and other license and

permit fees,

(3) hunting or fishing leases, or

(4) donations made at fly-ins at non-public-use

airports, and

e. "non-public-use airport" means an airport that is

primarily used by the owner with access to the public

as permitted by the owner.

B. An owner who provides the public with land for outdoor

recreational purposes owes no duty of care to keep the land safe for

entry or use by others, or to give warning to persons entering or

using the land of any hazardous conditions, structures, or

activities.

Oklahoma Statutes - Title 76. Torts Page 14

C. 1. Except as otherwise provided by this section, an owner

who provides the public with land for outdoor recreational purposes

shall not:

a. be presumed to extend any assurance that the land is

safe for any purpose,

b. incur any duty of care toward a person who enters or

uses the land, or

c. assume any liability or responsibility for any injury

to persons or property caused by the act or omission

of a person who enters or uses the land.

2. This subsection applies whether the person entering or using

the land is an invitee, licensee, trespasser, or otherwise.

D. This section shall not apply if:

1. Any charge is made or is usually made for entering or using

any part of the land; or

2. Any commercial or other activity for profit directly related

to the use is conducted on any part of the land.

E. 1. An owner of land leased to the state or to other public

entity for outdoor recreational purposes owes no duty of care to

keep the land safe for entry or use by others, or to give warning to

persons entering or using the land of any hazardous conditions,

structures, or activities. Any owner who leases or subleases land

to the state or other public entity for outdoor recreational

purposes shall not:

a. be presumed to extend any assurance that the land is

safe for any purpose,

b. incur any duty of care toward a person who enters or

uses the leased land, or

c. become liable or responsible for any injury to persons

or property caused by the act or omission of a person

who enters or uses the leased land.

2. This subsection applies whether the person entering or using

the leased land is an invitee, licensee, trespasser, or otherwise,

notwithstanding any other section of law.

F. 1. Except as provided in this section, no person is

relieved of liability which would exist for want of ordinary care orLimitation on liability – Definitions – Applicability of section to land and attached roads, water andersons

or property caused by the act or omission of a person

who enters or uses the leased land.

2. This subsection applies whether the person entering or using

the leased land is an invitee, licensee, trespasser, or otherwise,

notwithstanding any other section of law.

F. 1. Except as provided in this section, no person is

relieved of liability which would exist for want of ordinary care or

for deliberate, willful, or malicious injury to persons or property.

The provisions shall not create or increase the liability of any

person.

2. This section shall not relieve any owner of any liability

for the operation and maintenance of structures affixed to real

property by the owner for use by the general public.

G. By entering or using land, no person shall be deemed to be

acting as an employee or agent of the owner whether the entry or use

is with or without the knowledge or consent of the owner.

H. The provisions of this section shall not apply to any land

that is used primarily for farming or ranching activities or to

Oklahoma Statutes - Title 76. Torts Page 15

roads, water, watercourses, private ways, buildings, structures, and

machinery or equipment when attached to realty which is used

primarily for farming or ranching activities.

The Oklahoma Limitation of Liability for Farming and Ranching

Land Act shall govern such land.
Okla. Stat. tit. 76, § 76-33 — OK Code / Title 76 / Section 76-33
Immunity from liability - Application
Status: in_force

A. For the purposes of this section, "person" means an

individual, association, for-profit or nonprofit artificial entity

created under state law, religious organization, or charitable

organization.

B. Any person, or any agent of that person, who voluntarily and

without the expectation or receipt of compensation provides

services, goods or shelter at any place in this state subject to the

order or control of, or pursuant to a request of, the state or

federal government or any political subdivision thereof:

1. In preparation for, anticipation of, or during a time of

emergency;

2. In a place of emergency, as declared by the Governor; and

3. For the benefit of any person or to prevent, minimize, or

repair injury or damage to the property of a person resulting from:

a. biological, chemical, or nuclear agents,

Oklahoma Statutes - Title 76. Torts Page 30

b. terrorism,

c. pandemic or epidemic of infectious disease,

d. catastrophic acts of nature, including but not limited

to fire, flood, earthquake, tornado, wind, storm, or

wave action, or

e. any other emergency situation as declared by the

Governor by executive order under Oklahoma law,

shall not be liable to any person receiving assistance as a result

of any act or omission in rendering the service if the person was

acting in good faith and the damage or injury was not caused by the

willful or wanton negligence or misconduct of the person.

C. The immunity from liability provided in subsection B of this

section shall:

1. Not apply to any person, or any employee or agent thereof,

whose act or omission caused in whole or in part the actual or

imminent disaster or emergency, or whose act or omission

necessitated emergency management measures; and

2. Only apply to a person for such person's act or omission

that directly relates to preparation for, anticipation of, or

responding to an emergency. For purposes of this paragraph,

"directly relates to" means providing goods, services or shelter

pursuant to a request of an official or employee of state or federal

government, or any political subdivision thereof, who is authorized

to make such a request.

D. This section shall apply to all civil actions filed on or

after November 1, 2009.

E. Nothing contained in this section shall amend, repeal,

alter, or affect any other immunity or limitation of liability

provided for under Oklahoma law.
Okla. Stat. tit. 76, § 76-31.3 — OK Code / Title 76 / Section 76-31.3
Oklahoma Health Care Access Act - Volunteer Health Care
Status: in_force

Provider Program.

A. This act shall be known and may be cited as the “Oklahoma

Health Care Access Act”.

B. The State Department of Health is hereby directed to develop

a plan to increase access to health care for all Oklahomans through

the use of volunteers including, but not limited to, expanding the

number of health care volunteers. The plan shall be entitled the

“Volunteer Health Care Provider Program”.

C. The plan shall explore public-private partnerships as a

method of increasing access to health care.

D. The Department shall report to the Legislature and to the

Governor on the plan on or before December 1, 2002. The report

shall include, but not be limited to, recommendations for necessary

legislation.
Okla. Stat. tit. 76, § 76-5.6 — OK Code / Title 76 / Section 76-5.6
Food donations - Civil and criminal liability – Options
Status: in_force

for safe food donation - Regulation of use - Definitions.

A. Any donor who makes a good-faith donation of food which is

at the time of donation fit for human consumption to a charitable

organization or nonprofit corporation shall not be liable for

damages in any civil suit or subject to criminal prosecution for any

injury resulting from the nature, age, condition or packaging of the

donated food, unless the injury or death is a direct result of the

gross negligence, recklessness, or intentional misconduct of the

donor.

B. Information shall be posted with the State Department of

Health on its website under the existing heading "Protective Health"

within a new section labeled "Options for Safe Food Donation" with

hyperlinks to Section 5.6 of Title 76 of the Oklahoma Statutes,

Section 5-601 et seq. of Title 2 of the Oklahoma Statutes, Oklahoma

Administration Code Title 310: Chapter 257, 42 U.S.C., Section 1791,

and to the website of Oklahoma State University's Robert S. Kerr

Food and Agriculture Products Center. The State Department of

Health shall also have hyperlinks to the Oklahoma Department of

Wildlife Conservation's "Hunters Against Hunger" webpage, and the

special licensing page created by the Oklahoma Department of

Agriculture, Food, and Forestry. The Oklahoma Department of

Agriculture, Food, and Forestry shall also post on its website in a

new section labeled "Options for Safe Food Donation" with hyperlinks

to Section 5.6 of Title 76 of the Oklahoma Statutes, Section 5-601

et seq. of Title 2 of the Oklahoma Statutes, Oklahoma Administration

Code Title 310: Chapter 257, 42 U.S.C., Section 1791, to the website

of Oklahoma State University's Robert S. Kerr Food and Agriculture

Products Center, and the Oklahoma Department of Wildlife

Conservation's "Hunters Against Hunger" webpage. Additionally, the

Oklahoma Department of Agriculture, Food, and Forestry shall have a

webpage on the special licensing.

C. This section shall apply to all good-faith donations of

perishable or nonperishable food which is not readily marketable due

to appearance, freshness, grade or other conditions.

D. This section shall not restrict the authority of any

appropriate agency to regulate or ban the use of such food for human

consumption.

E. For purposes of this section:

1. "Donor" means any person, profit or nonprofit food

distributor, or person who harvests perishable foods who makes a

good-faith donation of food;

2. "Good-faith donation" means a gift conferred without

condition or consideration;

3. "Charitable organization" means any benevolent,

philanthropic, patriotic, eleemosynary, educational, social, civic,

Oklahoma Statutes - Title 76. Torts Page 8

recreational or religious group or association or any other person

performing or purporting to perform acts beneficial to the public;

4. "Nonprofit corporation" means a corporation formed for a

purpose not involving pecuniary gain to its shareholders or members,

paying no dividends or other pecuniary remuneration, directly or

indirectly, to its shareholders or members as such, and having no

capital stock; and

5. "Food" includes any packaged, prepared, perishable or

nonperishable food item.
Okla. Stat. tit. 76, § 76-26 — OK Code / Title 76 / Section 76-26
Persons supplying information to professional review body -
Status: in_force

Protection from liability.

Any person who supplies information in good faith and with

reasonable belief that such information is true to a professional

review body shall not be liable in any way in damages with respect

to giving such information to the professional review body.
Okla. Stat. tit. 76, § 76-96 — OK Code / Title 76 / Section 76-96
Service of report on all defendants - Trial docket -
Status: in_force

Interpretation.

A. In order to have an asbestos or silica claim placed on any

active trial docket in this state, or brought to trial in this

state, or conduct discovery in an asbestos or silica claim in this

state, an individual must provide prima facie evidence of impairment

by serving on each defendant who answers or otherwise appears, a

report prescribed by this act.

B. In an action pending on the effective date of this act, the

case shall not be allowed to be called for or proceed to trial until

ninety (90) days after a report has been served on each defendant.

C. This act shall not be interpreted to create, alter, or

eliminate a legal cause of action for any asbestos- and/or silica-

related claimant who has been diagnosed with any asbestos- and/or

silica-related disease. The act sets the procedure by which the

courts in this state shall manage trial settings for all asbestos-

and/or silica-related claims.

Oklahoma Statutes - Title 76. Torts Page 66
Okla. Stat. tit. 76, § 76-89 — OK Code / Title 76 / Section 76-89
Failure to provide information - Sanctions
Status: in_force

FAILURE TO PROVIDE INFORMATION; SANCTIONS.

A plaintiff who fails to provide all of the information required

under Section 3, subsection B of Section 4 or subsection D of

Section 6 of this act is subject to sanctions as provided in

Sections 2011 and 3237 of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 76, § 76-5.7 — OK Code / Title 76 / Section 76-5.7
Accident or disaster involving hazardous materials -
Status: in_force

Immunity from civil liability.

A. Any person who, in good faith and without prior

compensation, renders emergency care, assistance, or advice at the

scene of an accident or existing or impending disaster involving the

use, handling, transportation, transmission, or storage of hazardous

materials shall not be liable for damages resulting from the conduct

of said person in rendering said care, assistance, or advice unless

said damage was caused by the gross negligence of said person. The

provisions of this section shall not affect the potential liability

that any person may have which arises from the manufacture,

generation, transportation, storage, or handling of any hazardous

materials, or of any person who is engaged professionally and

commercially in rendering said emergency care, assistance or advice.

B. The immunity from civil liability provided for by the

provisions of this section shall extend only to the actions taken by

persons in rendering care, assistance, or advice at the time of said

accident or existing or impending disaster, and does not confer any

of said immunity to any person for actions taken prior to or after

the rendering of emergency care, assistance, or advice.

C. For the purposes of this section, the term hazardous

materials means petroleum or petroleum products, or any other

substance or compound which is toxic to human, animal, or plant

life.
Okla. Stat. tit. 76, § 76-15.1 — OK Code / Title 76 / Section 76-15.1
Renumbered as § 16-71.7 of Title 2 by Laws 2004, c. 368,
Status: in_force

§ 67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-50.3 — OK Code / Title 76 / Section 76-50.3
Scope of liability
Status: in_force

A. Except as provided in subsection B of this section, a

livestock activity sponsor, a participant or a livestock

professional acting in good faith and pursuant to the standards of

the livestock industry shall not be liable for injuries to any

person engaged in livestock activities when such injuries result

from the inherent risks of livestock activities.

B. 1. The provisions of the Oklahoma Livestock Activities

Liability Limitation Act shall not apply to employees of the sponsor

or livestock professional in the performance of their duties who are

covered by or subject to the provisions of the workers’ compensation

laws of Title 85 of the Oklahoma Statutes.

2. Nothing in subsection A of this section shall prevent or

limit the liability of a livestock activity sponsor, a participant

or a livestock professional, if the livestock activity sponsor, a

participant or livestock professional:

a. commits an act or omission that constitutes willful or

wanton disregard for the safety of any person engaged

in livestock activities, and that act or omission

caused the injury,

b. intentionally injures a person engaged in livestock

activities,

Oklahoma Statutes - Title 76. Torts Page 37

c. provided the equipment or tack, which was faulty, and

such equipment or tack was faulty to the extent that

it did cause the injury. The provisions of this

subparagraph shall not apply to livestock activities

sponsored by youth organizations when youth

participants share equipment or tack between

themselves,

d. provided the livestock and failed to make a reasonable

effort to determine the ability of the participant to

manage the particular livestock based upon the

participant’s representations of such participant’s

ability. Provided, however, a participant in a

livestock show, livestock sale, or rodeo shall be

presumed to be competent in the handling of livestock

if an entry form is required for the activity and

signed by the participant, or

e. owns, leases, rents or otherwise is in lawful

possession and control of the land or facilities upon

which the participant sustained injuries because of a

dangerous condition which was known to the livestock

activity sponsor, livestock professional or person and

not made known to the participant.

3. Nothing in subsection A of this section shall prevent or

limit the liability of a livestock activity sponsor, a participant

or a livestock professional:

a. under liability provisions as set forth in the

products liability laws, or

b. for livestock activities which result in the death of

any person engaged in livestock activities from the

inherent risks of livestock activities.

C. A sponsor shall not be held vicariously liable for the acts

or omission of a participant or a livestock professional.
Okla. Stat. tit. 76, § 76-14 — OK Code / Title 76 / Section 76-14
Renumbered as § 16-71.5 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-20.2 — OK Code / Title 76 / Section 76-20.2
Chelation or other authorized therapy not prohibited
Status: in_force

Nothing in the above act shall be construed to prohibit the use

of chelation therapy or any other therapy or treatment authorized by

law.
Okla. Stat. tit. 76, § 76-12 — OK Code / Title 76 / Section 76-12
Renumbered as § 16-71.3 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-57.2 — OK Code / Title 76 / Section 76-57.2
Rebuttable presumptions – Grounds for rebutting –
Status: in_force

Liability of product sellers.

A. In a product liability action brought against a product

manufacturer or seller, there is a rebuttable presumption that the

product manufacturer or seller is not liable for any injury to a

claimant caused by some aspect of the formulation, labeling, or

design of a product if the product manufacturer or seller

establishes that the formula, labeling, or design for the product

complied with or exceeded mandatory safety standards or regulations

adopted, promulgated, and required by the federal government, or an

agency of the federal government, that were applicable to the

product at the time of manufacture and that governed the product

risk that allegedly caused harm.

B. The claimant may rebut the presumption in subsection A of

this section by establishing that:

1. The mandatory federal safety standards or regulations

applicable to the product and asserted by the defendant as its basis

for rebuttable presumption were inadequate to protect the public

from unreasonable risks of injury or damage; or

2. The manufacturer, before or after marketing the product,

withheld or misrepresented information or material relevant to the

federal government's or agency's determination of adequacy of the

safety standards or regulations at issue in the action.

C. In a product liability action brought against a product

manufacturer or seller, there is a rebuttable presumption that the

product manufacturer or seller is not liable for any injury to a

claimant allegedly caused by some aspect of the formulation,

labeling, or design of a product if the product manufacturer or

seller establishes by a preponderance of the evidence that the

product was subject to premarket licensing or approval by the

federal government, or an agency of the federal government, that the

manufacturer complied with all of the government's or agency's

procedures and requirements with respect to premarket licensing or

approval, and that after full consideration of the product's risks

and benefits the product was approved or licensed for sale by the

Oklahoma Statutes - Title 76. Torts Page 42

government or agency. The claimant may rebut this presumption by

establishing that:

1. The standards or procedures used in the particular premarket

approval or licensing process were inadequate to protect the public

from unreasonable risks of injury or damage; or

2. The manufacturer, before or after premarket approval or

licensing of the product, withheld from or misrepresented to the

government or agency information that was material and relevant to

the performance of the product and was causally related to the

claimant's injury.

D. This section does not extend to manufacturing flaws or

defects even though the product manufacturer has complied with all

quality control and manufacturing practices mandated by the federal

government or an agency of the federal government, or if the product

becomes the subject of a recall, or is no longer marketed, pursuant

to any order, consent decree, or agreement between the manufacturer

and any federal agency.

E. No product liability action may be asserted against a

product seller other than the manufacturer, unless:

1. The product seller exercised substantial control over the

aspect of the design, testing, manufacture, packaging, or labeling

of the product that caused the alleged harm for which recovery of

damages is sought; or

2. The product seller altered or modified the product, and the

alteration or modification was a substantial factor in causing the

harm for which recovery of damages is sought; or

3. The product seller made an express warranty as to such

product independent of any express warranty made by a manufacturer

as to such product, such product failed to conform to the product

seller's warranty, and the failure of such product to conform to the

warranty caused the harm complained of by the claimant; or

4. The claimant is unable, despite a good-faith exercise of due

diligence, to identify the manufacturer of the product; or

5. The manufacturer is not subject to service of process under

the laws of the state; or

6. The court determines that the claimant would be unable to

enforce a judgment against the manufacturer.

F. In a claim against a seller in a product liability action,

discovery shall initially be limited to issues related to subsection

E of this section.

G. A product seller other than a manufacturer is liable to a

claimant on the basis of negligence if the claimant establishes

that:

1. The product seller sold the product involved in such action;

2. The product seller did not exercise reasonable care:

a. in assembling, inspecting, or maintaining such

product, or

Oklahoma Statutes - Title 76. Torts Page 43

b. in passing on warnings or instructions from such

product's manufacturer about the dangers and proper

use of such product; and

3. Such failure to exercise reasonable care was a proximate

cause of the harm complained of by the claimant.
Okla. Stat. tit. 76, § 76-84 — OK Code / Title 76 / Section 76-84
Discovery - Use of materials
Status: in_force

DISCOVERY; USE OF MATERIALS.

A. Trust claims materials and trust governance documents shall

be presumed to be relevant and authentic, subject to the Rules of

Evidence governing admissibility. Any party may present trust

claims materials to prove alternative causation for a plaintiff's

injuries or to allocate liability for the plaintiff's injury. No

claims of privilege may apply to trust claims materials or trust

governance documents.

B. A defendant in a personal injury claim may seek discovery

against a personal injury trust identified under Section 3 of this

act. The plaintiff may not claim privilege or confidentiality to

bar discovery under this subsection and shall provide consent or

other expression of permission that may be required by the personal

injury trust to release information and materials sought by the

defendant.
Okla. Stat. tit. 76, § 76-5 — OK Code / Title 76 / Section 76-5
Short title — Good Samaritan Act — Responsibility for
Status: in_force

negligence.

A. Everyone is responsible, not only for the result of his or

her willful acts, but also for an injury occasioned to another by

his or her want of ordinary care or skill in the management of his

or her property or person, except so far as the latter has,

willfully or by want of ordinary care, brought the injury upon

himself or herself, and except as hereinafter provided.

1. Where no prior contractual relationship exists, any person

licensed to practice any method of treatment of human ailments,

disease, pain, injury, deformity, mental or physical condition, or

licensed to render services ancillary thereto, including licensed

registered and practical nurses, who, under emergency circumstances

that suggest the giving of aid is the only alternative to probable

death or serious bodily injury, in good faith, voluntarily and

Oklahoma Statutes - Title 76. Torts Page 4

without compensation, renders or attempts to render emergency care

to an injured person or any person who is in need of immediate

medical aid, wherever required, shall not be liable for damages as a

result of any acts or omissions except for committing gross

negligence or willful or wanton wrongs in rendering the emergency

care.

2. Where no prior contractual relationship exists, any person

who in good faith renders or attempts to render emergency care

consisting of artificial respiration, restoration of breathing, use

of an emergency opioid antagonist to prevent opioid overdose, or

preventing or retarding the loss of blood, or aiding or restoring

heart action or circulation of blood to the victim or victims of an

accident or emergency, wherever required, shall not be liable for

any civil damages as a result of any acts or omissions by such

person in rendering the emergency care. As used in this paragraph,

“emergency opioid antagonist” means a drug including, but not

limited to, naloxone that blocks the effects of opioids and that is

approved by the United States Food and Drug Administration for the

treatment of an opioid overdose.

3. Where no prior contractual relationship exists, any person

licensed to perform surgery or dentistry in this state who in good

faith renders emergency care requiring the performance of an

operation or other form of surgery upon any individual who was the

victim of an accidental act shall not be liable for any civil

damages or subject to criminal prosecution as the result of

nonconsent whereby such person renders or attempts to render the

emergency surgery or operation voluntarily and without compensation,

wherever required, except for gross negligence or willful or wanton

wrongs committed in rendering the care; provided, however, that the

exemption granted by this subsection shall not attach if the victim

is an adult who is conscious and capable of giving or refusing his

or her consent; or if the victim’s spouse, or parent, or guardian in

the case of a minor or incompetent person, can be reached in a

reasonable time considering the condition of the victim and

consistent with good medical practice, and unless concurrence is

obtained for such emergency surgery or operation from one other

person licensed to perform surgery in this state.

4. Where no contractual relationship exists, any person, or any

member of his or her immediate family or household, who has been

approved by the local P.T.A. or other local sponsoring agency or

organization, who has registered with the local municipal police

chief or the county sheriff, and who has been granted appropriate

authorization by either the police chief or the county sheriff to

indicate by sign in the window of his or her home or in any other

tangible or identifiable manner that he or she will extend aid and

refuge to persons on the streets in apparent danger, or in need of

aid, by inviting those persons into the person’s home, or onto

Oklahoma Statutes - Title 76. Torts Page 5

premises thereof, and in good faith provides such refuge or aid

without objection of the endangered or needy person, whether child

or adult, neither the person extending the aid and refuge nor the

homeowner or head of household shall be liable for civil damages as

a result of actions or omissions in rendering emergency physical

care to the body of the aided person; nor shall they be liable for

civil damages for any other injury in the home, or on premises

thereof, to the person aided, nor for any failure to provide or

arrange for his or her police protection or other protection or

medical treatment, when the actions or omissions were those of an

ordinarily reasonably prudent person under the circumstances without

want of ordinary care or skill.

B. This section shall be known and may be cited as the “Good

Samaritan Act”.

R.L. 1910, § 998; Laws 1963, c. 87, § 1, emerg. eff. May 22, 1963;
Okla. Stat. tit. 76, § 76-106 — OK Code / Title 76 / Section 76-106
Establishing fair market value of total gross assets
Status: in_force

ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS. A. An

innocent successor corporation may establish the fair market value

of total gross assets for the purpose of the limitations under

Section 5 of this act through any method reasonable under the

circumstances, including:

1. By reference to the going concern value of the assets or to

the purchase price attributable to or paid for the assets in an

arm's-length transaction; or

2. In the absence of other readily available information from

which fair market value can be determined, by reference to the value

of the assets recorded on a balance sheet.

B. Total gross assets include intangible assets.

Oklahoma Statutes - Title 76. Torts Page 72

C. To the extent total gross assets include any liability

insurance issued to the transferor whose assets are being valued for

the purposes of this section, the applicability, terms, conditions,

and limits of such insurance shall not be affected by this act, nor

shall the Innocent Successor Asbestos-Related Liability Fairness Act

otherwise affect the rights and obligations of a transferor,

successor, or insurer under any insurance contract and/or any

related agreements, including, without limitation, rights and

obligations under preenactment settlements between a transferor or

successor and its insurers resolving liability insurance coverage,

and the rights of an insurer to seek payment for applicable

deductibles, retrospective premiums or self-insured retentions or to

seek contribution from a successor for uninsured or self-insured

periods or periods where insurance is uncollectible or otherwise

unavailable. Without limiting the foregoing, to the extent total

gross assets include any such liability insurance, a settlement of a

dispute concerning any such liability insurance coverage entered

into by a transferor or successor with the insurers of the

transferor before the effective date of the Innocent Successor

Asbestos-Related Liability Fairness Act shall be determinative of

the total coverage of such liability insurance to be included in the

calculation of the transferor's total gross assets.
Okla. Stat. tit. 76, § 76-13 — OK Code / Title 76 / Section 76-13
Renumbered as § 16-71.4 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-28 — OK Code / Title 76 / Section 76-28
Professional review body - Requirements for protection from
Status: in_force

liability.

Protection from liability pursuant to Section 6 of this act

shall be available only on the condition that the professional

review action is taken or recommendation is made under the following

requirements:

A. The action is taken:

1. In reasonable belief that it will maintain or enhance the

quality of professional standards of conduct or competence;

2. After reasonable effort to obtain facts pertinent to the

matter;

3. After adequate notice and opportunity to be heard are

afforded the professional involved; and

4. In reasonable belief that the facts warrant the action.

A professional review action shall be presumed to meet these

standards unless the presumption is rebutted by a preponderance of

the evidence.

B. The notice required in paragraph 3 of subsection A of this

section must:

1. State that a professional review action has been proposed

against the professional;

2. Inform the professional, in detail sufficient for him to

prepare a defense, of the reasons for the proposed action;

3. State that the professional may request a hearing whether he

has been previously contacted about the proposed action or complaint

on which it is founded or not;

4. Inform the professional of the time limit of not less than

twenty (20) days in which he must request a hearing or lose such

right;

5. Explain the hearing procedure that will be used or the

choice of procedures available for the professional's choice if a

hearing is requested; and

Oklahoma Statutes - Title 76. Torts Page 23

6. State that if a choice of hearing procedures is available,

the professional must choose at the time he requests the hearing.

C. If the affected professional requests a hearing on a timely

basis, the professional review body must give the professional

notice no less than ten (10) days before the hearing of the place,

time and date of the hearing, of the witnesses expected to be called

against him, and of the exhibits expected to be used against him.

D. At the option of the professional review body, the hearing

may be held before:

1. An arbitrator mutually acceptable to the professional and

professional review body;

2. A hearing officer appointed by the professional review body

provided the hearing officer is not in direct economic competition

with the affected professional;

3. A panel of individuals appointed by the professional review

body provided the individuals are not in direct economic competition

with the affected professional; or

4. The entire professional review body.

E. The professional shall:

1. Have the right to be represented by legal counsel at any

stage of the proceedings;

2. Have the right to have a record made of the hearing

proceedings, copies of which may be obtained by the professional

upon payment of reasonable fees set by the professional review body;

3. Have the right to call, examine and cross-examine witnesses;

4. Have the right to present evidence on his behalf which the

arbitrator, hearing officer or chairman of the hearing panel

determines is relevant;

5. Have the right to submit a written statement at the

conclusion of the hearing;

6. Forfeit his right to a hearing if he fails without good

cause shown to attend a properly scheduled hearing for which proper

notice has been mailed by certified United States mail, return

receipt requested; and

7. Receive a written statement explaining the action or

decision not to act of the professional review body.
Okla. Stat. tit. 76, § 76-97 — OK Code / Title 76 / Section 76-97
Filing of written report and supporting test results of
Status: in_force

prima facie showing - Expediting mesothelioma claims.

A. In any action covered by the provisions of this act, a

claimant shall file together with the complaint or other initial

pleading a written report and supporting test results constituting

the prima facie showing required pursuant to this act. In an action

where the claimant either fails to provide such prima facie evidence

or provides inadequate prima facie evidence, the defendant may,

without waiving any defenses otherwise available to him, file within

the time allotted for his Answer, a Notice of Appearance rather than

an Answer to the Complaint. The claimant shall, within ninety (90)

days of receipt of such Answer or Notice of Appearance, provide such

prima facie evidence as is called for by the provisions of this act.

The defendant in any case shall then be afforded a reasonable

opportunity to challenge the adequacy of the proffered prima facie

evidence of asbestos-related or silica-related impairment as

referenced in this section and subsection A of Section 8 of this

act. Upon a finding of failure to make the required prima facie

showing, the claimant's action shall not be placed on any trial

docket nor be the subject of any discovery other than discovery on

the issue of prima facie evidence of impairment. Upon the finding

of the required prima facie showing, no defendant shall be allowed

to challenge such prima facie showing absent a showing of

misrepresentation, fraud, and/or good cause.

B. In any action covered by the provisions of this act in which

the exposed person has received a diagnosis of mesothelioma which

meets the requirements of paragraph 1 of subsection A of Section 6

of this act, the claimant may petition the court requesting that a

trial date be set on an expedited basis. The court may, in its

discretion, provide for an expedited trial setting, if the claimant

demonstrates good cause for such an expedited trial setting and the

defendant(s) is/are not prejudiced by such an expedited trial

setting. In no event shall a trial date be set less than one

hundred twenty (120) days from the date of an order granting such a

motion and in no event shall a case be called for trial unless six

(6) months have passed between the date of the initial filing of the

case and the date of trial.
Okla. Stat. tit. 76, § 76-100 — OK Code / Title 76 / Section 76-100
Beginning of limitations period - Separate claims for
Status: in_force

nonmalignant conditions and cancer.

A. Notwithstanding any other provision of law, with respect to

any asbestos or silica claim not barred as of the effective date of

this act, the limitations period shall not begin to run until the

Oklahoma Statutes - Title 76. Torts Page 68

exposed person or claimant discovers, or through the exercise of

reasonable diligence should have discovered, that the exposed person

or claimant is physically impaired as set forth in this chapter by

an asbestos- or silica-related condition.

B. An asbestos or silica claim arising out of a nonmalignant

condition shall be a distinct cause of action from an asbestos or

silica claim relating to the same exposed person arising out of

asbestos- or silica-related cancer, and resolution of an asbestos or

silica claim arising out of a nonmalignant condition shall not

affect the ability of the same exposed person to bring a separate

asbestos or silica claim arising out of an asbestos- or silica-

related cancer, that otherwise meets all the requirements of

Sections 6 or 7 of this act.
Okla. Stat. tit. 76, § 76-99 — OK Code / Title 76 / Section 76-99
Restriction on adverse actions in regard to health benefit
Status: in_force

plans, annuities, or life insurance, as a result of meeting this

act's procedural requirements.

An entity that offers a health benefit plan or an annuity or

life insurance policy or contract, issued for delivery, or renewed

on or after the effective date of this act, may not use the fact

that a person has met the procedural requirements of this act to

reject, deny, limit, cancel, refuse to renew, increase the premiums

for, or otherwise adversely affect the person's eligibility for or

coverage under the policy or contract.
Okla. Stat. tit. 76, § 76-104 — OK Code / Title 76 / Section 76-104
Applicability
Status: in_force

APPLICABILITY. A. The limitations in Section 5 of this act

shall apply to any innocent successor corporation.

B. The limitations in Section 5 of this act shall not apply to:

1. Workers' compensation benefits paid by or on behalf of an

employer to an employee under this state's Workers' Compensation Act

or a comparable workers' compensation law of another jurisdiction;

2. Any claim against a corporation that does not constitute a

successor asbestos-related liability; or

3. Any obligations under the National Labor Relations Act, 29

U.S.C., Section 151 et seq., as amended, or under any collective

bargaining agreement.

Oklahoma Statutes - Title 76. Torts Page 71
Okla. Stat. tit. 76, § 76-53.1 — OK Code / Title 76 / Section 76-53.1
Exceptions to liability limitations
Status: in_force

The provisions of this act do not apply to actions for deceit,

breach of contract, or expressed or implied warranties, or for

injuries resulting from failure of firearms to operate in a normal

or usual manner due to defects or negligence in design or

manufacture. The provisions of this act do not apply to actions

arising from the unlawful sale or transfer of firearms, or to

instances in which the transferor knew, or should have known, that

the recipient would engage in the unlawful sale or transfer of the

firearm, or would use, or purposely allow the use of, the firearm in

an unlawful, negligent, or improper fashion. For purposes of this

Oklahoma Statutes - Title 76. Torts Page 40

section, the potential of a firearm to cause serious injury, damage,

or death as a result of normal function does not constitute a

defective condition of the product. A firearm may not be deemed

defective on the basis of its potential to cause serious injury,

damage, or death when discharged.
Okla. Stat. tit. 76, § 76-80.1 — OK Code / Title 76 / Section 76-80.1
Liability and vicarious liability for damages while
Status: in_force

trespassing.

A. A person who is arrested for or convicted of trespass may be

held liable for any damages to personal or real property while

trespassing.

Oklahoma Statutes - Title 76. Torts Page 48

B. A person or entity that compensates, provides consideration

to or remunerates a person for trespassing as described in

subsection A of this section may also be held vicariously liable for

any damages to personal or real property committed by the person

compensated or remunerated for trespassing.
Okla. Stat. tit. 76, § 76-31 — OK Code / Title 76 / Section 76-31
Volunteers, charitable organizations, and not-for-profit
Status: in_force

corporations - Immunity from civil liability - Limitations

A. Any volunteer shall be immune from liability in a civil

action on the basis of any act or omission of the volunteer

resulting in damage or injury if:

1. The volunteer was acting in good faith and within the scope

of the volunteer's official functions and duties for a charitable

organization or not-for-profit corporation; and

2. The damage or injury was not caused by gross negligence or

willful and wanton misconduct by the volunteer.

B. In any civil action against a charitable organization or

not-for-profit corporation for damages based upon the conduct of a

volunteer, the doctrine of respondeat superior shall apply,

notwithstanding the immunity granted to the volunteer in subsection

A of this section.

C. Any person who, in good faith and without compensation, or

expectation of compensation, donates or loans emergency service

equipment to a volunteer shall not be liable for damages resulting

from the use of such equipment by the volunteer, except when the

donor of the equipment knew or should have known that the equipment

was dangerous or faulty in a way which could result in bodily

injury, death or damage to property.

D. Definitions.

1. For the purposes of this section, the term "volunteer" means

a person who enters into a service or undertaking of the person's

free will without compensation or expectation of compensation in

money or other thing of value in order to provide a service, care,

assistance, advice, or other benefit; provided, being legally

entitled to receive compensation for the service or undertaking

performed shall not preclude a person from being considered a

volunteer.

2. For the purposes of this section, the term "charitable

organization" means any benevolent, philanthropic, patriotic,

eleemosynary, educational, social, civic, recreational, religious

group or association or any other person performing or purporting to

perform acts beneficial to the public.

3. For the purposes of this section, the term "not-for-profit

corporation" means a corporation formed for a purpose not involving

pecuniary gain to its shareholders or members, paying no dividends

or other pecuniary remuneration, directly or indirectly, to its

shareholders or members as such, and having no capital stock.

E. The provisions of this section shall not affect the

liability that any person may have which arises from the operation

of a motor vehicle, watercraft, or aircraft in rendering the

service, care, assistance, advice or other benefit as a volunteer.

Provided, however, the liability of any person with a current motor

vehicle insurance policy at the required minimum limits who

Oklahoma Statutes - Title 76. Torts Page 25

volunteers to provide transportation shall not exceed the limits of

such insurance policy, except for gross negligence or willful or

wanton conduct committed in providing such transportation. In no

event shall the limitation on liability provided under this

subsection apply to a person who does not possess a current motor

vehicle policy when providing transportation.

F. The immunity from civil liability provided for by this

section shall extend only to the actions taken by a person rendering

the service, care, assistance, advice, or other benefit as a

volunteer, where such actions are agreed upon in advance by all

involved persons to be provided on a volunteer basis. This section

shall not be construed to confer any immunity to any person for

actions taken by the volunteer prior to or after the rendering of

the service, care, assistance, advice, or other benefit as a

volunteer.

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

August 25, 1995.Oklahoma Statutes - Title 76. Torts Page 2
Okla. Stat. tit. 76, § 76-5.9 — OK Code / Title 76 / Section 76-5.9
Immunity from liability for emergency assistance provided
Status: in_force

during natural disasters or catastrophic events.

Any individual, business, church or school that renders

emergency care, aid, shelter or other assistance during a natural

disaster or catastrophic event shall not be liable for damages

resulting from the rendering of emergency care, aid, shelter or

assistance unless the damage was caused by the gross negligence or

willful or wanton misconduct of the individual or entity rendering

the emergency care, aid, shelter or assistance.
Okla. Stat. tit. 76, § 76-92 — OK Code / Title 76 / Section 76-92
Definitions
Status: in_force

DEFINITIONS. As used in the Asbestos and Silica Claims

Priorities Act:

1. "Asbestos" means all minerals defined as "asbestos" in 29

CFR 1910, as and if amended;

Oklahoma Statutes - Title 76. Torts Page 54

2. "Asbestos claim" means any claim for damages or other civil

or equitable relief presented in a civil action, arising out of,

based on, or related to the health effects of exposure to asbestos,

including loss of consortium and any other derivative claim made by

or on behalf of any exposed person or any representative, spouse,

parent, child, or other relative of any exposed person;

3. "Asbestos-related injury" means personal injury or death

allegedly caused, in whole or in part, by inhalation or ingestion of

asbestos;

4. "Asbestosis" means bilateral interstitial fibrosis of the

lungs caused by inhalation of asbestos fibers;

5. "Certified B-reader" means a person who has successfully

completed the x-ray interpretation course sponsored by the National

Institute for Occupational Safety and Health (NIOSH) and passed the

B-reader certification examination for x-ray interpretation and

whose NIOSH certification is current at the time of any readings

required by this chapter;

6. "Chest x-ray" means chest films that are taken in accordance

with accepted medical standards in effect at the time the x-ray was

taken;

7. "Claimant" means an exposed person and any person who is

seeking recovery of damages for or arising from the injury or death

of an exposed person;

8. "Defendant" means a person against whom a claim arising from

an asbestos-related injury or a silica-related injury is made;

9. "Exposed person" means a person who is alleged to have

suffered an asbestos-related injury or a silica-related injury;

10. "FEV1" means forced expiratory volume in the first second,

which is the maximal volume of air expelled in one second during

performance of simple spirometric tests;

11. "FVC" means forced vital capacity, which is the maximal

volume of air expired with maximum effort from a position of full

inspiration;

12. "ILO system of classification" means the radiological

rating system of the International Labor Office in "Guidelines for

the Use of ILO International Classification of Radiographs of

Pneumoconioses", 2000 edition, as amended from time to time by the

International Labor Office;

13. "Mesothelioma" means a rare form of cancer allegedly caused

in some instances by exposure to asbestos in which the cancer

invades cells in the membrane lining of the:

a. lungs and chest cavity (the pleural region),

b. abdominal cavity (the peritoneal region), or

c. heart (the pericardial region);

14. "Nonmalignant asbestos-related injury" means an asbestos-

related injury other than mesothelioma or other asbestos-related

malignancy;

Oklahoma Statutes - Title 76. Torts Page 55

15. "Physician board-certified in internal medicine" means a

physician who is certified by the American Board of Internal

Medicine or corresponding board for doctors of osteopathy;

16. "Physician board-certified in occupational medicine" means

a physician who is certified in the subspecialty of occupational

medicine by the American Board of Preventive Medicine or

corresponding board for doctors of osteopathy;

17. "Physician board-certified in oncology" means a physician

who is certified in the subspecialty of medical oncology by the

American Board of Internal Medicine or corresponding board for

doctors of osteopathy;

18. "Physician board-certified in pathology" means a physician

who holds primary certification in anatomic pathology or clinical

pathology from the American Board of Pathology or corresponding

board for doctors of osteopathy and whose professional practice:

a. is principally in the field of pathology, and

b. involves regular evaluation of pathology materials

obtained from surgical or postmortem specimens;

19. "Physician board-certified in pulmonary medicine" means a

physician who is certified in the subspecialty of pulmonary medicine

by the American Board of Internal Medicine or corresponding board

for doctors of osteopathy;

20. "Physician board-certified in radiology" means a physician

who is certified by the American Board of Radiology or corresponding

board for doctors of osteopathy;

21. "Plethysmography" means the test for determining lung

volume, also known as "body plethysmography", in which the subject

of the test is enclosed in a chamber that is equipped to measure

pressure, flow, or volume change;

22. "Predicted lower limit of normal" for any test means the

fifth percentile of healthy populations based on age, height, and

gender, as referenced in the AMA Guides to the Evaluation of

Permanent Impairment (5th Edition) (dated November 2000);

23. "Pulmonary function testing" means spirometry and lung

volume testing performed in accordance with Section 5 of this act

using equipment, methods of calibration, and techniques that

materially comply with:

a. the criteria incorporated in the American Medical

Association Guides to the Evaluation of Permanent

Impairment and reported in 20 C.F.R. Part 404, Subpart

P, Appendix 1, Part (A), Sections 3.00(E) and

(F)(2003), as amended from time to time by the

American Medical Association, and

b. the interpretative standards in the Official Statement

of the American Thoracic Society entitled "Lung

Function Testing: Selection of Reference Values and

Interpretative Strategies", as published in 144

Oklahoma Statutes - Title 76. Torts Page 56

American Review of Respiratory Disease 1202-1218

(1991), as amended from time to time by the American

Thoracic Society;

24. "Radiological evidence" of asbestosis or pleural thickening

means a chest x-ray evaluated by a certified B-reader, a

radiologist, a physician board-certified in pulmonary medicine,

occupational medicine, internal medicine, oncology, or pathology

using the ILO System of classification. The chest x-ray shall be a

quality 1 x-ray according to that ILO System, although if the

certified B-reader, board-certified pulmonologist, or board-

certified radiologist confirms that a quality 2 x-ray film is of

sufficient quality to render an accurate reading under the ILO

System of classification and no quality 1 x-ray films are available,

then the necessary radiologic findings may be made with the quality

2 x-ray film which is the subject of the confirmation above. Also,

in a death case where no pathology is available, the necessary

radiologic findings may be made with a quality 2 x-ray film if a

quality 1 x-ray film is not available;

25. "Report" means a report required by Sections 6 or 7 of this

act;

26. "Respirable" with respect to silica, means particles that

are less than ten (10) microns in diameter;

27. "Serve" means to serve notice on a party in compliance with

the Oklahoma Rules of Civil Procedure;

28. "Silica" means a naturally occurring, respirable form of

crystalline silicon dioxide, including quartz, cristobalite, and

tridymite;

29. "Silica claim" means any claim for damages or other civil

or equitable relief presented in a civil action, arising out of,

based on, or related to the health effects of exposure to silica,

including loss of consortium and any other derivative claim made by

or on behalf of any exposed person or any representative, spouse,

parent, child, or other relative of any exposed person;

30. "Silica-related injury" means personal injury or death

allegedly caused, in whole or in part, by inhalation of silica; and

31. "Silicosis" means fibrosis of the lungs caused by

inhalation of silica, including:

a. acute silicosis, which may occur after exposure to

very high levels of silica within a period of months

to five (5) years after the initial exposure,

b. accelerated silicosis, and

c. chronic silicosis.
Okla. Stat. tit. 76, § 76-3 — OK Code / Title 76 / Section 76-3
Deceits defined and classed
Status: in_force

A deceit, within the meaning of the last section is either:

1. The suggestion, as a fact, of that which is not true by one

who does not believe it to be true.

2. The assertion, as a fact, of that which is not true, by one

who has no reasonable ground for believing it to be true.

3. The suppression of a fact by one who is bound to disclose

it, or who gives information of other facts which are likely to

mislead for want of communication of that fact; or,

4. A promise, made without any intention of performing.

R.L. 1910, § 994.
Okla. Stat. tit. 76, § 76-8 — OK Code / Title 76 / Section 76-8
Wrongs against personal relations
Status: in_force

The rights of personal relation forbid:

1. The abduction of a husband from his wife, a wife from her

husband or of a parent from his child.

2. The abduction or enticement of a child from a parent, or

from a guardian entitled to its custody, or of a servant from his

master.

3. An injury to a servant.

R.L. 1910, § 2957; Laws 1976, c. 164, § 1, eff. Oct. 1, 1976.
Okla. Stat. tit. 76, § 76-21 — OK Code / Title 76 / Section 76-21
Presumption of negligence
Status: in_force

In any action arising from negligence in the rendering of

medical care, a presumption of negligence shall arise if the

following foundation facts are first established:

1. The plaintiff sustained any injury;

Oklahoma Statutes - Title 76. Torts Page 20

2. Said injury was proximately caused by an instrumentality

solely within the control of the defendant or defendants; and

3. Such injury does not ordinarily occur under the

circumstances absent negligence on the part of the defendant.

If any such fact, in the discretion of the court, requires a

degree of knowledge or skill not possessed by the average person,

then in that event such fact must be established by expert

testimony.
Okla. Stat. tit. 76, § 76-103 — OK Code / Title 76 / Section 76-103
Definitions
Status: in_force

DEFINITIONS. As used in the Innocent Successor Asbestos-Related

Liability Fairness Act:

1. "Asbestos claim" means any claim, wherever or whenever made,

for damages, losses, indemnification, contribution, or other relief

arising out of, based on, or in any way related to asbestos,

including:

a. the health effects of exposure to asbestos, including

any claim for:

(1) personal injury or death,

(2) mental or emotional injury,

(3) risk of disease or other injury, or

(4) the costs of medical monitoring or surveillance,

b. any claim made by or on behalf of any person exposed

to asbestos, or a representative, spouse, parent,

child, or other relative of the person, and

c. any claim for damage or loss caused by the

installation, presence, or removal of asbestos;

2. "Corporation" means a corporation for profit, including a

domestic corporation organized under the laws of this state, or a

foreign corporation organized under laws other than the laws of this

state;

3. "Innocent successor" means a corporation that assumes or

incurs or has assumed or incurred successor asbestos-related

liabilities that is a successor and became a successor before

January 1, 1972, or is any of that successor corporation's

successors, and that after a merger or consolidation did not

Oklahoma Statutes - Title 76. Torts Page 70

continue in the business of mining asbestos, in the business of

selling or distributing asbestos fibers, or in the business of

manufacturing, distributing, removing, or installing asbestos-

containing products that were the same or substantially the same as

those products previously manufactured, distributed, removed, or

installed by the transferor;

4. "Successor asbestos-related liabilities" means any

liabilities, whether known or unknown, asserted or unasserted,

absolute or contingent, accrued or unaccrued, liquidated or

unliquidated, or due or to become due, which are related to asbestos

claims and were assumed or incurred by a corporation as a result of

or in connection with a merger or consolidation, or the plan of

merger or consolidation related to the merger or consolidation with

or into another corporation, or that are related in any way to

asbestos claims based on the exercise of control or the ownership of

stock of the corporation before the merger or consolidation. The

term includes liabilities that, after the time of the merger or

consolidation for which the fair market value of total gross assets

is determined pursuant to Section 6 of this act, were or are paid or

otherwise discharged, or committed to be paid or otherwise

discharged, by or on behalf of the corporation, or by a successor of

the corporation, or by or on behalf of a transferor, in connection

with settlements, judgments, or other discharges in this state or

another jurisdiction; and

5. "Transferor" means a corporation from which successor

asbestos-related liabilities are or were assumed or incurred.
Okla. Stat. tit. 76, § 76-5.2 — OK Code / Title 76 / Section 76-5.2
Filing of claim
Status: in_force

Should a private citizen incur personal injury, death or damage

to property, as provided in the Good Samaritan Act, the private

citizen or a person dependent upon such citizen for principal

support may file a claim in the office of the Governor for

indemnification to the extent that the claimant is not compensated

from any other source for such injury, death or damage. The claim

shall state:

l. The date, place and circumstances which gave rise to the

claim;

Oklahoma Statutes - Title 76. Torts Page 6

2. A general description of the activities of the private

citizen during the event;

3. The estimated extent of the injury, death or damage

sustained for which the claimant is not compensated from any other

source; and

4. Such other information as the office of the Governor may

require.

The claim shall be accompanied by a corroborating statement.
Okla. Stat. tit. 76, § 76-82 — OK Code / Title 76 / Section 76-82
Definitions
Status: in_force

As used in the Personal Injury Trust Fund Transparency Act:

1. "Personal injury claim" means any claim for damages, loss,

indemnification, contribution, restitution or other relief,

including punitive damages, that is related to bodily injury or

another harm, including loss of consortium, society, or

companionship, loss of support, personal injury or death, mental or

emotional injury, risk or fear of disease or other injury, or costs

of medical monitoring or surveillance. "Personal injury claim"

includes a claim made by or on behalf of the person who claims the

injury or harm or by or on behalf of the person's representative,

spouse, parent, minor child, or other relative. "Personal injury

claim" does not include a claim for compensatory benefits pursuant

to crime victim's compensation, workers’ compensation or veteran's

benefits;

2. "Personal injury trust" means a government-approved or

court-approved trust, qualified settlement fund, compensation fund

or claims facility created as a result of a federal or state

administrative or legal action, a court-approved bankruptcy, or

pursuant to 11 USC 524(g) or 49 USC 40101, that is intended to

provide compensation to claimants alleging personal injury claims as

a result of harm, also potentially compensable in the immediate tort

action, for which the entity creating the trust, compensation fund,

or claims facility is alleged to be responsible;

3. "Trust claims materials" means all documents and information

relevant or related to a pending or potential claim against a

personal injury trust. "Trust claims materials" include, but are

not limited to, claims forms and supplementary materials,

affidavits, depositions and trial testimony, work history, and

medical and health records; and

4. "Trust governance document" means any document that

determines eligibility and payment levels, including claims payment

matrices, trust distribution procedures, or plans for

reorganization, for a personal injury trust.
Okla. Stat. tit. 76, § 76-50.6 — OK Code / Title 76 / Section 76-50.6
Gun ranges and gun clubs - Liability
Status: in_force

A. Except as provided in subsection B of this section, an

owner, employee, participant, member, guest or customer of a gun

range, gun shop or gun club, who is acting in good faith and

pursuant to the standards of the firearm industry and the duty of

care under common law and gun club rules, if applicable, shall not

Oklahoma Statutes - Title 76. Torts Page 38

be liable for injuries to any person engaged in firearm activities

on the premises of such range, shop or club when such injuries

result from the inherent risks of such activities.

B. 1. The provisions of this section shall not apply to

employees in the performance of their duties who are covered by or

subject to the provisions of the workers’ compensation laws of Title

85 of the Oklahoma Statutes.

2. Nothing in subsection A of this section shall prevent or

limit the liability of an owner, employee, participant, member or

customer, if such person:

a. commits an act or omission that constitutes willful or

wanton disregard for the safety of any person engaged

in firearm activities, and that act or omission caused

the injury, or

b. intentionally injures a person engaged in firearm

activities.
Okla. Stat. tit. 76, § 76-23 — OK Code / Title 76 / Section 76-23
Public utilities - Definitions - Fraud - Penalties - Civil
Status: in_force

liability - Exemptions.

A. As used in this section:

1. "Utility" means any person, firm, corporation, district or

association, whether private, municipal, body politic or

cooperative, which is engaged in the sale, generation, distribution

or delivery of electricity, water or gas;

2. "Person" means any individual, firm, partnership,

corporation or association; and

3. "Utility service" means the furnishing, sale, generation,

distribution or delivery of electricity, water or gas by a utility

as defined herein.

B. It shall be unlawful for any person, with intent to defraud

a utility, to:

1. Alter, tamper with, injure or knowingly allow the altering,

tampering with or injuring of any pipeline, line, wire, conduit,

conductor, meter, meter seal, transformer or other equipment used by

a utility to deliver or register service;

2. Prevent any installed metering device from registering

correctly the quantity of service passing through such metering

device;

3. Make or cause to be made any connection between any

pipeline, lines, wires, conduits, conductors, meters, transformers

or other equipment in such manner as to prevent the correct

registration of service by any metering device, or to otherwise use

electricity without the consent of the utility; or

4. Supply or cause to be supplied any utility service to any

person without such service first passing through the metering

device provided by the utility for measuring and registering the

quantity of service.

C. Any person who is convicted of violating the provisions of

subsection B of this section shall be guilty of a misdemeanor

punishable by payment of a fine of not more than One Thousand

Dollars ($1,000.00), or by imprisonment in the county jail for a

Oklahoma Statutes - Title 76. Torts Page 21

period not to exceed six (6) months, or by such fine and

imprisonment.

D. If a civil action is brought by a utility against a person,

said person may post a bond, cash or other security with the utility

in an amount equal to the value of the service alleged to be

unlawfully used or diverted. Upon posting of said bond or cash, and

until final disposition of the case, the utility shall restore to

said person any service which it may have terminated.

E. Nothing in this section shall be construed to apply to

licensed and certified contractors while performing usual and

ordinary service in accordance with recognized standards.

F. This section shall not be construed as repealing any laws of

the state relating to the powers, duties or jurisdiction of the

Oklahoma Corporation Commission, but shall be held as auxiliary and

supplementary thereto.
Okla. Stat. tit. 76, § 76-5.3 — OK Code / Title 76 / Section 76-5.3
Hearing - Board and composition - Application of
Status: in_force

Administrative Procedures Act - Approval of claim.

A. Upon presentation of any claim, a hearing shall be had

before a board composed of two (2) members of the Governor's staff,

as the Governor shall designate, one (1) member of the Attorney

General's staff, as the Attorney General shall designate, and two

(2) members of the Legislature, one of whom shall be appointed by

the Speaker of the House of Representatives and one of whom shall be

appointed by the President Pro Tempore of the Senate.

B. The terms and provisions of the Administrative Procedures

Act shall apply to all proceedings before the board. If the board

determines, on the basis of a preponderance of such evidence, that

the state should indemnify the claimant for the injury, death or

damage sustained, it shall approve the claim for payment. In no

event shall a claim be approved by the board in excess of Five

Thousand Dollars ($5,000.00).

C. Claims approved under this act shall be paid from the Good

Samaritan Fund.
Okla. Stat. tit. 76, § 76-80 — OK Code / Title 76 / Section 76-80
Safety of premises - Liability to trespasser
Status: in_force

A. A possessor of land, including an owner, lessee, or other

occupant, has no duty to make its premises safe for a trespasser and

is not subject to liability for any injury to a trespasser.

B. Notwithstanding subsection A of this section, a possessor of

land may be subject to liability for physical injury or death to a

trespasser in the following situations:

1. A land possessor who knows or reasonably should know of a

trespasser’s presence on the premises has a duty not to injure that

trespasser by a wanton or intentional act, except as permitted by

Sections 643 and 1289.25 of Title 21 of the Oklahoma Statutes; or

2. A land possessor may be subject to liability for physical

injury or death to a child trespasser from a highly dangerous

Oklahoma Statutes - Title 76. Torts Page 47

artificial condition on the land if the plaintiff establishes all of

the following:

a. the possessor knew or had reason to know that children

were likely to trespass at the location of the

condition,

b. the condition is one the possessor knew or reasonably

should have known was unusually attractive to children

and involved an unreasonable risk of death or serious

bodily harm,

c. the injured child was attracted onto the premises by

the condition,

d. the child lacked the ability to appreciate or realize

the risk,

e. the utility to the possessor of maintaining the

condition and the burden of eliminating the danger

were slight as compared with the risk to the child

involved, and

f. the child’s injury was directly caused by the

possessor’s failure to exercise reasonable care to

eliminate the danger or otherwise protect the child.

As a matter of law, a child under seven (7) years of age has no

ability to appreciate the risk from highly dangerous artificial

conditions. A child between seven (7) and fourteen (14) years of

age is presumed to lack the ability to appreciate the risk from

highly dangerous artificial conditions; this presumption may be

overcome if the possessor proves by the greater weight of the

evidence that the child had the ability to appreciate the danger on

the premises at the time of the harm. A child trespasser who is

fourteen (14) years of age or older has the burden of proving by the

greater weight of the evidence that the child lacked the ability to

appreciate the danger on the premises at the time of the harm.

C. “Trespasser” means a person who enters the real estate of

another without the permission of the person lawfully entitled to

possession. Permission may be either expressed or implied.

D. 1. This section shall not affect Section 16-71.7 of Title 2

of the Oklahoma Statutes relating to trespass upon agricultural land

or Section 10.1 of Title 76 of the Oklahoma Statutes relating to

trespass upon land used for recreational purposes not for profit.

2. This section shall not create or increase the liability of

any person or entity.
Okla. Stat. tit. 76, § 76-5A — OK Code / Title 76 / Section 76-5A
Emergency use of automated defibrillator - Immunity from
Status: in_force

civil liability.

A. 1. Any person who, in good faith and without expectation of

compensation, renders emergency care or treatment outside of a

medical facility by the use of an automated external defibrillator

shall be immune from civil liability for personal injury which

results from the use of the device, except for acts of gross

negligence or willful or wanton misconduct in the use of such

device.

Oklahoma Statutes - Title 76. Torts Page 11

2. Course directors and trainers who have completed the

training required by the State Department of Health for teaching

courses in the use of automated external defibrillators and

cardiopulmonary resuscitation shall be immune from civil liability

for personal injury which results from the use of the device, except

for acts of gross negligence or willful or wanton misconduct in the

teaching of such training courses.

B. A prescribing physician who, in good faith and without

expectation of compensation, writes a prescription for the use of an

automated external defibrillator to render emergency care or

treatment shall be immune from civil liability for personal injury

which results from the use of the device, except for acts of gross

negligence or willful or wanton misconduct in the prescribing of the

device.

C. An entity or individual who owns, leases, possesses, or

otherwise controls an automated external defibrillator shall be

immune from civil liability for personal injury which results from

the use of the device, except for acts of gross negligence or

willful or wanton misconduct.

D. An entity or individual who owns, leases, possesses or

otherwise controls an automated external defibrillator shall

communicate to the proper first responder the locations and

placements of the automated external defibrillator owned, leased,

possessed or otherwise controlled by the entity or individual.

E. For purposes of this section:

1. “Automated external defibrillator” means a medical device

consisting of a heart monitor and defibrillator which:

a. has received approval of its premarket notification,

filed pursuant to 21 U.S.C., Section 360(k), from the

United States Food and Drug Administration,

b. is capable of recognizing the presence or absence of

ventricular fibrillation or rapid ventricular

tachycardia, and is capable of determining, without

intervention by an operator, whether defibrillation

should be performed, and

c. upon determining that defibrillation should be

performed, automatically charges and requests delivery

of an electrical impulse to an individual’s heart;

2. “Entity” means public and private organizations including,

but not limited to, the State of Oklahoma and its agencies and

political subdivisions, a proprietorship, partnership, limited

liability company, corporation, or other legal entity, whether or

not operated for profit;

3. “First responder” means an individual certified by the State

Department of Health to perform emergency medical services in

accordance with the Oklahoma Emergency Response Systems Development

Oklahoma Statutes - Title 76. Torts Page 12

Act and in accordance with the rules and standards promulgated by

the State Board of Health; and

4. “Prescribing physician” means a person licensed to practice

medicine in the state pursuant to Chapters 11 and 14 of Title 59 of

the Oklahoma Statutes.
Okla. Stat. tit. 76, § 76-39 — OK Code / Title 76 / Section 76-39
Intent of act
Status: in_force

The intent of the Common Sense Consumption Act is to prevent

frivolous lawsuits against manufacturers, packers, distributors,

carriers, holders, sellers, marketers or advertisers of food

products that comply with applicable statutory and regulatory

requirements.

Oklahoma Statutes - Title 76. Torts Page 32
Okla. Stat. tit. 76, § 76-95 — OK Code / Title 76 / Section 76-95
Prerequisite of prima facie showing in silica claims -
Status: in_force

Medical report - Evidence requirements.

Oklahoma Statutes - Title 76. Torts Page 62

A. No person shall have a silica claim placed on any active

trial roster in this state, or brought to trial in this state, or

conduct discovery in a silica claim in this state, in the absence of

a prima facie showing of impairment as shown by service on each

defendant of a report by a physician who is board-certified in

pulmonary medicine, internal medicine, oncology, pathology, or

occupational medicine at the time of issuing the relevant medical

report.

B. In a case alleging silicosis, the medical report must be

issued by a physician who is board-certified in pulmonary medicine,

internal medicine, occupational medicine, or pathology that:

1. The exposed person has been diagnosed with a silica-related

condition; and

2. Confirms that a physician actually treating or who treated

the exposed person, or who has or who had a doctor-patient

relationship with the exposed person or a medical professional

employed by and under the direct supervision and control of such

physician:

a. performed a physical examination of the exposed

person, or if the exposed person is deceased, reviewed

available records relating to the exposed person's

medical condition,

b. took a detailed occupational and exposure history from

the exposed person or, if the exposed person is

deceased, from a person knowledgeable about the

alleged exposure or exposures that form the basis of

the action, and

c. took a detailed medical and smoking history that

includes a thorough review of the exposed person's

significant past and present medical problems and the

most probable cause of any such problem that is

relevant to the exposed person's impairment or

disease.

C. The medical report must set out the details of the exposed

person's occupational, exposure, medical, and smoking history, and

set forth that there has been a sufficient latency period for the

applicable type of silicosis.

D. The medical report must confirm, on the basis of medical

examination, chest x-ray and pulmonary function testing, that the

exposed person has permanent respiratory impairment:

1. Rated at least Class 2 pursuant to the AMA Guides to the

Evaluation of Permanent Impairment; and

2. Accompanied by:

a. a chest x-ray that is an ILO quality 1 film, except

that in the case of a deceased exposed individual

where no pathology is available, the film can be ILO

quality 2, showing bilateral nodular opacities (p, q,

Oklahoma Statutes - Title 76. Torts Page 63

or r) occurring primarily in the upper lung fields,

graded 1/1 or higher under the ILO system of

classification, or

b. a chest x-ray that is an ILO quality 1 film, except

that in the case of a deceased exposed individual

where no pathology is available, the film can be ILO

quality 2, showing large opacities (A, B, or C) in

addition to the small opacities referred to in the

preceding section, or

c. a chest x-ray that is an ILO quality 1 film showing

acute silicosis as described in Occupational Lung

Diseases, Third Edition, as amended from time to time,

or

d. pathological demonstration of classic silicotic

nodules exceeding one (1) centimeter in diameter as

published in 112 Archive of Pathology and Laboratory

Medicine 7 (July 1988), as amended from time to time,

or

e. pathological demonstration of acute silicosis.

E. For all other silica-related claims, other than silicosis,

the medical report must:

1. Be issued by a physician who is board-certified in pulmonary

medicine, internal medicine, occupational medicine, or pathology

that:

a. the exposed person has been diagnosed with a silica-

related condition, and

b. confirms that a physician actually treating or who

treated the exposed person, or who has or who had a

doctor-patient relationship with the exposed person or

a medical professional employed by and under the

direct supervision and control of such physician:

(1) stating a diagnosis of silica-related lung cancer

based on a sufficient latency period which is not

less than fifteen (15) years and a statement that

to a reasonable degree of medical certainty

exposure to silica was a proximate cause of the

exposed person's physical impairment, accompanied

by a conclusion that the exposed person's silica-

related lung cancer was not more probably the

result of causes other than exposure to silica

revealed by the exposed person's occupational,

exposure, medical, and smoking history, or

(2) stating a diagnosis of silicosis complicated by

documented tuberculosis, or

(3) stating a diagnosis of any other silica-related

disease, accompanied by a diagnosis of silicosis

as defined herein, based on a sufficient latency

Oklahoma Statutes - Title 76. Torts Page 64

period and a statement that to a reasonable

degree of medical certainty exposure to silica

was a proximate cause of the exposed person's

physical impairment, accompanied by a conclusion

that the exposed person's silica-related disease

was not more probably the result of causes other

than exposure to silica revealed by the exposed

person's occupational, exposure, medical, and

smoking history; and

2. Be accompanied by:

a. a chest x-ray that is an ILO quality 1 film, except

that in the case of a deceased exposed individual

where no pathology is available, the film can be ILO

quality 2, showing bilateral nodular opacities (p, q,

or r) occurring primarily in the upper lung fields,

graded 1/1 or higher under the ILO system of

classification,

b. chest x-ray that is an ILO quality 1 film, except that

in the case of a deceased exposed individual where no

pathology is available, the film can be ILO quality 2,

showing large opacities (A, B, or C) in addition to

the small opacities referred to in subparagraph a of

this paragraph,

c. chest x-ray that is an ILO quality 1 film showing

acute silicosis as described in Occupational Lung

Diseases, Third Edition, as amended from time to time,

d. pathological demonstration of classic silicotic

nodules exceeding one (1) centimeter in diameter as

published in 112 Archive of Pathology and Laboratory

Medicine 7 (July 1988), as amended from time to time,

or

e. pathological demonstration of acute silicosis.

F. All evidence and reports used in presenting the prima facie

showing required in this section, including pulmonary function

testing and diffusing studies, if any:

1. Must comply with the technical recommendations for

examinations, testing procedures, quality assurance, quality

controls, and equipment in the AMA's Guidelines to the Evaluation of

Permanent Impairment and the most current version of the Official

Statements of the American Thoracic Society regarding lung function

testing, including general considerations for lung function testing,

standardization of spirometry, standardization of the measurement of

lung volumes, standardization of the single breath determination of

carbon monoxide uptake in the lung, and interpretive strategies of

lung testing in effect at the time of the performance of any

examination or test on the exposed person required by this act.

Testing performed in a hospital or other medical facility that is

Oklahoma Statutes - Title 76. Torts Page 65

fully licensed and accredited by all appropriate regulatory bodies

in the state in which the facility is located, is presumed to meet

the requirements of this subsection. This presumption may be

rebutted by evidence demonstrating that the accreditation or

licensing of the hospital or other medical facility has lapsed, or

providing specific facts demonstrating that the technical

recommendations for examinations, testing procedures, quality

assurance, quality control, and equipment have not been followed;

2. Must not be obtained through testing or examinations that

violate any applicable law, regulation, licensing requirement, or

medical code of practice;

3. Must not be obtained under the condition that the exposed

person retains legal services in exchange for the examination, test,

or screening;

4. Shall not result in any presumption at trial that the

exposed person is impaired by an asbestos- or silica-related

condition; and

5. Shall not be conclusive as to the liability of any

defendant.

G. The conclusion that a prima facie showing has been made is

not admissible at trial.
Okla. Stat. tit. 76, § 76-88 — OK Code / Title 76 / Section 76-88
Setoffs - Credits
Status: in_force

SETOFFS; CREDIT.

In any personal injury claim for which damages are awarded, a

defendant is entitled to a setoff or credit in the amount of the

valuation established under Section 7 of this act and any amount the

plaintiff has been awarded from a personal injury trust claim

identified in subsection F of Section 6 of this act. If multiple

defendants are found liable for damages, the court shall distribute

the amount of setoff or credit proportionally, according to the

liability of each defendant.
Okla. Stat. tit. 76, § 76-58.1 — OK Code / Title 76 / Section 76-58.1
Subsequent measures not admissible - Exceptions
Status: in_force

When, after an injury or harm allegedly caused by an event,

measures are taken that, if taken previously, would have made the

injury or harm less likely to occur, evidence of the subsequent

measures is not admissible to prove negligence, culpable conduct, a

defect in a product, a defect in a product's design, or a need for a

warning or instruction. This rule does not require the exclusion of

evidence of subsequent measures when offered for another purpose,

such as proving ownership, control, or feasibility of precautionary

measures, if controverted, or impeachment.
Okla. Stat. tit. 76, § 76-57.1 — OK Code / Title 76 / Section 76-57.1
Product liability for inherently unsafe products -
Status: in_force

Affirmative defense.

A. In a product liability action, a manufacturer or seller

shall not be liable if the product is inherently unsafe and known to

be unsafe by the ordinary consumer who consumes the product with the

ordinary knowledge common to the community.

B. The claim that a product is inherently unsafe shall be an

affirmative defense and shall be pled in accordance with the

requirements of the Oklahoma Pleading Code. In order for the

defense to apply, all of the following shall be shown:

1. The product was a common consumer product intended for

personal consumption;

2. The product's utility outweighs the risk created by its use;

3. The risk posed by the product was one known by the ordinary

consumer who consumes the product with the ordinary knowledge common

to the community;

4. The product was properly prepared and reached the consumer

without substantial change in its condition; and

5. Adequate warning of the risk posed by the product was given

by the manufacturer or seller.

Oklahoma Statutes - Title 76. Torts Page 41

C. For purposes of this section, the term "product liability

action" does not include an action based on manufacturing defect or

breach of warranty.
Okla. Stat. tit. 76, § 76-52.1 — OK Code / Title 76 / Section 76-52.1
Firearm manufacturer, distributor, or seller liability
Status: in_force

limitation.

Oklahoma Statutes - Title 76. Torts Page 39

No firearm manufacturer, distributor, or seller who lawfully

manufactures, distributes, or sells a firearm is liable to any

person or entity, or to the estate, successors, or survivors of

either, for any injury suffered, including wrongful death and

property damage, because of use of such firearm by another.
Okla. Stat. tit. 76, § 76-8.1 — OK Code / Title 76 / Section 76-8.1
Alienation of affections or seduction - Civil action -
Status: in_force

Abolition.

From and after the effective date of this act, the alienation of

the affections of a spouse of sound mind and legal age or seduction

of any person of sound mind and legal age is hereby abolished as a

civil cause of action in this state.
Okla. Stat. tit. 76, § 76-24 — OK Code / Title 76 / Section 76-24
Definitions
Status: in_force

In Sections 5 through 10 of this act, the following definitions

shall apply:

1. "Professional review body" means a public or private body

organized in whole or in part for the purpose of maintaining

standards of conduct and competence for accountants, architects,

chiropodists, chiropractors, dentists, professional engineers,

nurses, pharmacists, physicians, psychologists or veterinarians;

2. "Professional review action" means an action or

recommendation taken or made by a professional review body which

adversely affects a person's ability to perform his profession but

shall not include actions taken or recommendations made by a private

professional review body against a person who does not have a

reasonable connection to the body's sponsoring organization; and

3. "Sponsoring organization" means a professional association

or an institution through which persons practice their professions

in whole or in part.
Okla. Stat. tit. 76, § 76-5.5 — OK Code / Title 76 / Section 76-5.5
Limitation of actions
Status: in_force

Any claim filed herein shall be filed within two (2) years of

the date of injury, death or damage to property, or, if applicable,

within one (1) year of the date of a final adjudication on any legal

action taken by the claimant against any person responsible for the

injury, death or damage to property, or be barred by limitations

from recovery.
Okla. Stat. tit. 76, § 76-18 — OK Code / Title 76 / Section 76-18
Limitation of action
Status: in_force

An action for damages for injury or death against any physician,

health care provider or hospital licensed under the laws of this

state, whether based in tort, breach of contract or otherwise,

arising out of patient care, shall be brought within two (2) years

of the date the plaintiff knew or should have known, through the

exercise of reasonable diligence, of the existence of the death,

injury or condition complained of; provided, however, the minority

or incompetency when the cause of action arises will extend said

period of limitation.
Okla. Stat. tit. 76, § 76-9 — OK Code / Title 76 / Section 76-9
Right to use force
Status: in_force

Any necessary force may be used to protect from wrongful injury

the person or property of one's self, or of a wife, husband, child,

parent or other relative, or member of one's family, or of a ward,

servant, master or guest.

R.L. 1910, § 2958.

Oklahoma Statutes - Title 76. Torts Page 13
Okla. Stat. tit. 76, § 76-100.1 — OK Code / Title 76 / Section 76-100.1
Applicability of act
Status: in_force

EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act

shall apply to all asbestos or silica claims filed on or after the

effective date of this act. The Asbestos and Silica Claims

Priorities Act shall also apply to any pending asbestos or silica

claims in which trial has not commenced by the effective date of

this act, except that any provisions of these sections which would

be unconstitutional if applied retroactively shall be applied

prospectively.
Okla. Stat. tit. 76, § 76-51.1 — OK Code / Title 76 / Section 76-51.1
Legislative findings – Injuries from unlawful firearm
Status: in_force

use.

The Legislature finds that the unlawful use of firearms, rather

than their lawful manufacture, distribution, or sale, is the

proximate cause of any injury arising from their unlawful use.
Okla. Stat. tit. 76, § 76-15 — OK Code / Title 76 / Section 76-15
Renumbered as § 16-71.6 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-105 — OK Code / Title 76 / Section 76-105
Limitations on successor asbestos-related liabilities
Status: in_force

LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES. A.

Except as further limited in subsection B of this section, the

cumulative successor asbestos-related liabilities of an innocent

successor corporation are limited to the fair market value of the

total gross assets of the transferor determined as of the time of

the merger or consolidation. The innocent successor corporation

does not have any responsibility for successor asbestos-related

liabilities in excess of this limitation.

B. If the transferor had assumed or incurred successor

asbestos-related liabilities in connection with a prior merger or

consolidation with a prior transferor, then the fair market value of

the total assets of the prior transferor, determined as of the time

of such earlier merger or consolidation, shall be substituted for

the limitation set forth in subsection A of this section for

purposes of determining the limitation of liability of an innocent

successor corporation.
Okla. Stat. tit. 76, § 76-91 — OK Code / Title 76 / Section 76-91
Legislative findings
Status: in_force

A. FINDINGS. The Legislature finds that:

1. Asbestos is a mineral that was widely used prior to the

1980s for insulation, fire-proofing, and other purposes;

2. Millions of American workers and others were exposed to

asbestos, especially during and after World War II, prior to the

advent of regulation by the United States Occupational Safety and

Health Administration in the early 1970s;

Oklahoma Statutes - Title 76. Torts Page 53

3. Exposure to asbestos is associated with various types of

cancer, including mesothelioma, as well as nonmalignant conditions

such as asbestosis and diffuse pleural thickening;

4. Diseases caused by asbestos exposure often have long latency

periods;

5. While the cases currently filed in Oklahoma are manageable

by the courts and the litigants, it is proper for the Legislature to

support and protect the courts of this state from the potential of

massive litigation expense and the crowding of trial dockets;

6. Silica is a naturally occurring mineral and is the second

most common constituent of the earth's crust. Crystalline silica in

the form of quartz is present in sand, gravel, soil, and rocks;

7. Silica-related illnesses, including silicosis, can develop

from the inhalation of respirable silica dust. Silicosis was widely

recognized as an occupational disease many years ago;

8. Concerns about statutes of limitations may prompt unimpaired

asbestos and silica claimants to bring lawsuits to protect their

ability to recover for their potentially progressive occupational

disease; and

9. Several states, including Texas, Georgia, Ohio, and Florida

have enacted legislation setting medical criteria governing asbestos

and silica cases and tolling statutes of limitations and requiring

persons alleging nonmalignant disease claims to demonstrate physical

impairment as a prerequisite to setting such cases for trial.

B. The purpose of this chapter is to:

1. Provide a procedural remedy allowing efficient judicial

supervision and control of asbestos and silica litigation by giving

priority for the purposes of trial and resolution to asbestos and

silica claimants with demonstrable physical impairment caused by

exposure to asbestos or silica; and

2. Preserve the legal rights of claimants who were exposed to

asbestos or silica, but have no physical impairment from asbestos or

silica exposure, until such time as the claimant can demonstrate

physical impairment.
Okla. Stat. tit. 76, § 76-93 — OK Code / Title 76 / Section 76-93
Pulmonary function testing - Interpretation
Status: in_force

Pulmonary function testing required by this act must be

interpreted by a physician who is:

1. Licensed in this state or another state of the United

States; and

2. Board-certified in pulmonary medicine, occupational

medicine, internal medicine, oncology, or pathology at the time of

issuing the relevant medical report.
Okla. Stat. tit. 76, § 76-40 — OK Code / Title 76 / Section 76-40
Definitions
Status: in_force

As used in the Common Sense Consumption Act:

1. "Claim" means any claim by or on behalf of a natural person,

as well as any derivative or other claim arising therefrom asserted

by or on behalf of any other individual, corporation, company,

association, firm, partnership, society, joint-stock company, or any

other entity, including any governmental entity or governmental

officer, or private attorney; and

2. "Knowing and willful violation" means that:

a. the conduct constituting the violation was committed

with the intent to deceive or injure consumers or with

actual knowledge that such conduct was injurious to

consumers, and

b. the conduct constituting the violation was not

required by regulations, orders, rules or other

pronouncement of, or any statute administered by, a

federal, state, or local government agency.
Okla. Stat. tit. 76, § 76-38 — OK Code / Title 76 / Section 76-38
Short title - Common Sense Consumption Act
Status: in_force

This act shall be known and may be cited as the "Common Sense

Consumption Act".
Okla. Stat. tit. 76, § 76-41 — OK Code / Title 76 / Section 76-41
Weight gain or obesity civil liability restricted -
Status: in_force

Exceptions.

A. Except as provided in subsection B of this section, a

manufacturer, packer, distributor, carrier, holder, seller, marketer

or advertiser of a food, as defined in Section 201(f) of the Federal

Food, Drug and Cosmetic Act (21 U.S.C., Section 321(f)), or an

association of one or more such entities, shall not be subject to

civil liability arising under any law of this state, including all

statutes, regulations, rules, common law, public policies, court or

administrative decisions or decrees, or other state action having

the effect of law, for any claim arising out of weight gain,

obesity, or a health condition associated with weight gain or

obesity.

Oklahoma Statutes - Title 76. Torts Page 33

B. Subsection A of this section shall not preclude civil

liability if the claim of weight gain, obesity, or a health

condition associated with weight gain or obesity, is based on:

1. A material violation of an adulteration or misbranding

requirement prescribed by statute or regulation of this state or the

United States of America and the claimed injury was proximately

caused by such violation; or

2. Any other material violation of federal or state law

applicable to the manufacturing, marketing, distribution,

advertising, labeling, or sale of food, provided that such violation

is knowing and willful, and the claimed injury was proximately

caused by such violation.

C. In any action exempted under paragraph 1 of subsection B of

this section, the complaint initiating such action shall state with

particularity the following: the statute, regulation or other law

of this state or of the United States that was allegedly violated;

the facts that are alleged to constitute a material violation of

such statute or regulation; and the facts alleged to demonstrate

that such violation proximately caused actual injury to the

plaintiff. In any action exempted under paragraph 2 of subsection B

of this section, in addition to the foregoing pleading requirements,

the complaint initiating such action shall state with particularity

facts sufficient to support a reasonable inference that the

violation was with intent to deceive or injure consumers or with the

actual knowledge that such violation was injurious to consumers.

For purposes of applying the Common Sense Consumption Act, the

foregoing pleading requirements are hereby deemed part of the

substantive law of this state and not merely in the nature of

procedural provisions.

D. In any action exempted under subsection B of this section,

all discovery and other proceedings shall be stayed during the

pendency of any motion to dismiss unless the court finds upon the

motion of any party that particularized discovery is necessary to

preserve evidence or to prevent undue prejudice to that party.

During the pendency of any stay of discovery pursuant to this

subsection, unless otherwise ordered by the court, any party to the

action with actual notice of the allegations contained in the

complaint shall treat all documents, data compilations, including

electronically recorded or stored data, and tangible objects that

are in the custody or control of such party and that are relevant to

the allegations, as if they were the subject of a continuing request

for production of documents from an opposing party under Section

3234 of Title 12 of the Oklahoma Statutes.

E. The provisions of the Common Sense Consumption Act shall

apply to all covered claims pending on the effective date of this

act, and all claims filed thereafter, regardless of when the claim

arose.

Oklahoma Statutes - Title 76. Torts Page 34
Okla. Stat. tit. 76, § 76-4 — OK Code / Title 76 / Section 76-4
Deceit upon the public deemed deceit of any individual
Status: in_force

misled.

One who practices a deceit with intent to defraud the public, or

a particular class of persons, is deemed to have intended to defraud

every individual in that class, who is actually misled by the

deceit.

R.L. 1910, § 995.
Okla. Stat. tit. 76, § 76-83 — OK Code / Title 76 / Section 76-83
Required disclosures by plaintiff
Status: in_force

REQUIRED DISCLOSURES BY PLAINTIFF.

A. Within ninety (90) days after an action for a personal

injury or other tort is filed, the plaintiff, without awaiting a

discovery request, shall provide to all parties a statement

identifying all personal injury claims the plaintiff has or

anticipates filing against a personal injury trust, and for each

claim, whether there has been a request to defer, delay, suspend or

toll the claim against the personal injury trust. The statement

shall include an attestation that the plaintiff swears or affirms,

under penalties of perjury, that the statement is complete and is

based on the plaintiff's and plaintiff's attorney's good-faith

investigation of all potential claims against personal injury

trusts.

B. The plaintiff shall produce to all parties, for each

personal injury claim he or she filed against a personal injury

trust identified in subsection A of this section, a final executed

proof of claim and all other trust claims materials relevant to each

claim.

C. The plaintiff shall supplement the information and materials

he or she provided under this section within thirty (30) days after

the plaintiff files an additional claim, supplements an existing

claim or receives additional information or materials.
Okla. Stat. tit. 76, § 76-111 — OK Code / Title 76 / Section 76-111
Limitations on liability for exposure to COVID-19
Status: in_force

A. As used in this section:

1. "COVID-19" means the novel coronavirus identified as SARS-

CoV-2, the disease caused by SARS-CoV-2, and conditions associated

with the disease;

2. "Guidance" means written guidelines related to COVID-19

issued by the Centers for Disease Control and Prevention,

Occupational Safety and Health Administration of the United States

Department of Labor, Oklahoma State Department of Health, the

Oklahoma Department of Commerce, or any other state agency, board or

commission; and

3. "Person" means an individual, firm, partnership, corporation

or association.

B. A person or agent of the person who conducts business in

this state shall not be liable in a civil action claiming an injury

from exposure or potential exposure to COVID-19 if the act or

omission alleged to violate a duty of care of the person or agent

was in compliance or consistent with federal or state regulations, a

Presidential or Gubernatorial Executive Order, or guidance

applicable at the time of the alleged exposure. If two or more

sources of guidance are applicable to the conduct or risk at the

time of the alleged exposure, the person or agent shall not be

liable if the conduct is consistent with any applicable guidance.

C. The provisions of this section shall apply to a civil action

filed on or after the effective date of this act.
Okla. Stat. tit. 76, § 76-81 — OK Code / Title 76 / Section 76-81
Short title - Personal Injury Trust Fund Transparency Act
Status: in_force

This act shall be known and may be cited as the "Personal Injury

Trust Fund Transparency Act".
Okla. Stat. tit. 76, § 76-2 — OK Code / Title 76 / Section 76-2
Damages for deceit
Status: in_force

One who willfully deceives another, with intent to induce him to

alter his position to his injury or risk, is liable for any damage

which he thereby suffers.

R.L. 1910, § 993.
Okla. Stat. tit. 76, § 76-108 — OK Code / Title 76 / Section 76-108
Scope of act
Status: in_force

SCOPE OF ACT. The courts of this state shall construe the

provisions of the Innocent Successor Asbestos-Related Liability

Fairness Act liberally with regard to innocent successors. Nothing

in this act shall be construed to limit the liability of the

transferor, except to the extent the transferor is or becomes a

successor.
Okla. Stat. tit. 76, § 76-1.1 — OK Code / Title 76 / Section 76-1.1
Parent or child not answerable for other's act
Status: in_force

Oklahoma Statutes - Title 76. Torts Page 3

Neither parent or child is answerable, as such, for the act of

the other, except as otherwise specifically provided by law.
Okla. Stat. tit. 76, § 76-7 — OK Code / Title 76 / Section 76-7
Defamation
Status: in_force

Defamation is effected by:

First. Libel; or,

Second. Slander.

R.L. 1910, § 2956.
Okla. Stat. tit. 76, § 76-52.2 — OK Code / Title 76 / Section 76-52.2
Association of licensed persons liability limitation
Status: in_force

No association of persons who hold licenses under Section 923 of

Chapter 44 of Title 18, United States Code, as in effect on January

1, 1999, is liable to any person or entity, or to the estate,

successors or survivors of either, for any injury suffered,

including wrongful death and property damage, because of the use of

a firearm sold or manufactured by any licensee who is a member of

such association.
Okla. Stat. tit. 76, § 76-20 — OK Code / Title 76 / Section 76-20
Refusing to furnish records - Penalty
Status: in_force

Any person refusing to furnish records or information required

in Section 3 of this act shall be guilty of a misdemeanor.
Okla. Stat. tit. 76, § 76-98 — OK Code / Title 76 / Section 76-98
Effect of act in bankruptcy cases
Status: in_force

Nothing in this act is intended to, and nothing in this act

shall be interpreted to:

1. Affect the rights of any party in bankruptcy proceedings; or

2. Affect the ability of any person who is able to make a

showing that the person satisfies the claim criteria for compensable

claims or demands under a trust established under a plan of

reorganization under Chapter 11 of the United States Bankruptcy

Code, 11 U.S.C. Chapter 11, to make a claim or demand against that

trust.
Okla. Stat. tit. 76, § 76-107 — OK Code / Title 76 / Section 76-107
Adjustment
Status: in_force

ADJUSTMENT. A. Except as provided in subsections B, C and D of

this section, the fair market value of total gross assets at the

time of a merger or consolidation increases annually at a rate equal

to the sum of:

1. The prime rate as listed in the first edition of "The Wall

Street Journal" published for each calendar year since the merger or

consolidation, unless the prime rate is not published in that

edition of "The Wall Street Journal", in which case any reasonable

determination of the prime rate on the first day of the year may be

used; and

2. One percent (1%).

B. The rate provided for in subsection A of this section shall

not be compounded.

C. The adjustment of fair market value of total gross assets

continues as provided under subsection A of this section until the

date the adjusted value is first exceeded by the cumulative amounts

Oklahoma Statutes - Title 76. Torts Page 73

of successor asbestos-related liabilities paid or committed to be

paid by or on behalf of the innocent successor corporation or a

predecessor, or by or on behalf of a transferor, after the time of

the merger or consolidation for which the fair market value of total

gross assets is determined.

D. No adjustment of the fair market value of total gross assets

shall be applied to any liability insurance that may be included in

the definition of total gross assets by subsection C of Section 6 of

this act.
Okla. Stat. tit. 76, § 76-85 — OK Code / Title 76 / Section 76-85
Scheduling trial - Stay of action
Status: in_force

SCHEDULING TRIAL; STAY OF ACTION.

Oklahoma Statutes - Title 76. Torts Page 50

A. The trial date in a personal injury action in this state

shall be no earlier than one hundred eighty (180) days after the

plaintiff makes the disclosures required under subsections A and B

of Section 3 of this act.

B. If a plaintiff states under Section 3 of this act that he or

she anticipates a claim against a personal injury trust, all

proceedings shall be stayed until the plaintiff files such trust

claims and provides to all parties a final executed proof of claim

and all other trust claims materials relevant to each claim. The

plaintiff shall also state whether there has been a request to

defer, delay, suspend, or toll the claim against the personal injury

trust.
Okla. Stat. tit. 76, § 76-16.1 — OK Code / Title 76 / Section 76-16.1
Unauthorized use of or entry upon real property or
Status: in_force

improvements thereto – Immunity from liability.

A. An owner, lessee or occupant of real property or any

structures or improvements thereto owes no duty of care to keep the

premises safe for entry or use by others or to give any warning of a

dangerous condition, use, structure or activity if the entry or use

by another person is unauthorized or is for the purpose of

committing a criminal act.

B. The provisions of subsection A of this section provide

immunity from civil liability for simple negligence but do not

provide immunity for willful, wanton or malicious acts of negligence

or for gross negligence.
Okla. Stat. tit. 76, § 76-10 — OK Code / Title 76 / Section 76-10
Renumbered as § 16-71.1 of Title 2 by Laws 2004, c. 368, §
Status: in_force

67, eff. Nov. 1, 2004.
Okla. Stat. tit. 76, § 76-109 — OK Code / Title 76 / Section 76-109
Effective date
Status: in_force

EFFECTIVE DATE. The Innocent Successor Asbestos-Related

Liability Fairness Act shall apply to all asbestos claims filed

against an innocent successor on or after the effective date of the

Innocent Successor Asbestos-Related Liability Fairness Act. The

Innocent Successor Asbestos-Related Liability Fairness Act shall

also apply to any pending asbestos claims against an innocent

successor in which trial has not commenced as of the effective date

of the Innocent Successor Asbestos-Related Liability Fairness Act,

except that any provisions of these sections which would be

unconstitutional if applied retroactively shall be applied

prospectively.
Okla. Stat. tit. 76, § 76-33.1 — OK Code / Title 76 / Section 76-33.1
Food donations by restaurants
Status: in_force

A. As used in this section:

1. "Food" means unserved perishable, salvageable food that has

been properly preserved for human consumption; and

2. "Restaurant" means any eating establishment regardless of

seating capacity including public school district cafeterias.

B. Any restaurant that, in good faith and without compensation,

donates food which is prepared and subsequently donated by the

restaurant shall not be liable for damages caused by the condition

of the food, unless the damages by the restaurant result from an

intentional act, omission, gross negligence or the restaurant knew

or should have known of the condition of the food that resulted in

the damages.

C. This section shall apply to all civil actions filed on or

after November 1, 2023.

Oklahoma Statutes - Title 76. Torts Page 31
Okla. Stat. tit. 76, § 76-50.4 — OK Code / Title 76 / Section 76-50.4
Waiver of liability
Status: in_force

Two or more persons may agree, in writing, to extend the waiver

of liability pursuant to the provisions of the Oklahoma Livestock

Activities Liability Limitation Act. Such waiver shall be valid and

binding by its terms.
Okla. Stat. tit. 76, § 76-29 — OK Code / Title 76 / Section 76-29
Emergency exception from notice and hearing requirement
Status: in_force

Where failure to act expeditiously may reasonably result in an

imminent danger to the public or individual, a professional review

body may immediately act to prevent the danger without conducting a

prior hearing or giving notice provided that notice and opportunity

for hearing must follow the action within three (3) days.
Okla. Stat. tit. 76, § 76-27 — OK Code / Title 76 / Section 76-27
Limitations on liability - Extent
Status: in_force

Protection from liability in damages pursuant to Sections 6 and

7 of this act shall not extend to actions for violation of civil

rights or for antitrust.