Property owners have a duty to maintain safe conditions and warn visitors of any hazards that might be present on their premises. Failure to meet this obligation can lead to slip and fall accidents and subsequent legal liability for the resulting injuries and premises liability claim.
Under Oklahoma Statute Title 76 – Torts §10.1, known as the “Premises Liability Act,” property owners are divided into categories: an “invitee” who enters the premises for the benefit of the owner, a “licensee” who is on the property for their own purposes, and a “trespasser.” The property owner owes different levels of care to each category.
Property owners are obligated to warn an invitee of any hidden dangers. Meanwhile, in the case of licensees, they need only avoid causing harm willfully or through gross negligence. Certain exceptions may apply depending on the circumstances of the incident. For example, a child trespasser under the age of seven is assumed to be unable to appreciate the risk of potential hazards, while older children may be required to demonstrate more evidence that they were unaware of a risk on someone else’s property if injured while trespassing.