reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 76. Torts › §76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care 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.
Added by Laws 2002, c. 223, § 1, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 76. Torts › §76-32.1. Liability for physician or health care provider acting in 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.
Added by Laws 2010, c. 294, § 1, eff. Jan 1, 2011.
2023 Oklahoma Statutes › Title 76. Torts › §76-33. Immunity from liability - Application.

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,
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.
Added by Laws 2009, c. 255, § 3, eff. Nov. 1, 2009. Amended by Laws 2014, c. 5, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 76. Torts › §76-33.1. Food donations by restaurants.

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.
Added by Laws 2023, c. 17, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 76. Torts › §76-38. Short title - Common Sense Consumption Act.

This act shall be known and may be cited as the "Common Sense Consumption Act".
Added by Laws 2013, 1st Ex.Sess., c. 19, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 34, which was derived from Laws 2009, c. 228, § 43, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-39. Intent of act.

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.
Added by Laws 2013, 1st Ex.Sess., c. 19, § 3, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 35, which was derived from Laws 2009, c. 228, § 44, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-40. Definitions.

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.
Added by Laws 2013, 1st Ex.Sess., c. 19, § 4, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 36, which was derived from Laws 2009, c. 228, § 45, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-50.1. Short title – Legislative intent - Construction.

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.
Added by Laws 1999, c. 326, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 76. Torts › §76-50.3. Scope of liability.

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,
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.
Added by Laws 1999, c. 326, § 3, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 76. Torts › §76-50.4. Waiver of liability.

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.
Added by Laws 1999, c. 326, § 4, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 76. Torts › §76-50.6. Gun ranges and gun clubs - Liability.

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 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.
Added by Laws 2012, c. 8, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 76. Torts › §76-51.1. Legislative findings – Injuries from unlawful firearm 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.
Added by Laws 2013, 1st Ex. Sess., c. 2, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 51, which was derived from Laws 2009, c. 228, § 48, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-52.1. Firearm manufacturer, distributor, or seller liability limitation.

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.
Added by Laws 2013, 1st Ex. Sess., c. 2, § 3, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 52, which was derived from Laws 2009, c. 228, § 49, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-52.2. Association of licensed persons liability limitation.

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.
Added by Laws 2013, 1st Ex. Sess., c. 2, § 4, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 53, which was derived from Laws 2009, c. 228, § 50, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-53.1. Exceptions to liability limitations.

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 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.
Added by Laws 2013, 1st Ex. Sess., c. 2, § 5, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 54, which was derived from Laws 2009, c. 228, § 51, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-57.1. Product liability for inherently unsafe products - 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.
C. For purposes of this section, the term "product liability action" does not include an action based on manufacturing defect or breach of warranty.
Added by Laws 2013, 1st Ex.Sess., c. 20, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 57, which was derived from Laws 2009, c. 228, § 52, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-58.1. Subsequent measures not admissible - Exceptions.

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.
Added by Laws 2013, 1st Ex.Sess., c. 20, § 3, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 58, which was derived from Laws 2009, c. 228, § 53, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-80. Safety of premises - Liability to trespasser.

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 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.
Added by Laws 2011, c. 234, § 9.
2023 Oklahoma Statutes › Title 76. Torts › §76-80.1. Liability and vicarious liability for damages while 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.
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.
Added by Laws 2017, c. 262, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 76. Torts › §76-82. Definitions.

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.
Added by Laws 2013, c. 215, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-83. Required disclosures by plaintiff.

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.
Added by Laws 2013, c. 215, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-84. Discovery - Use of materials.

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.
Added by Laws 2013, c. 215, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-85. Scheduling trial - Stay of action.

SCHEDULING TRIAL; STAY OF ACTION.
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.
Added by Laws 2013, c. 215, § 5, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-87. Valuation of personal injury trust claims - Judicial 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 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.
Added by Laws 2013, c. 215, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-88. Setoffs - Credits.

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.
Added by Laws 2013, c. 215, § 8, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-89. Failure to provide information - Sanctions.

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.
Added by Laws 2013, c. 215, § 9, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-90. Short title - Asbestos and Silica Claims Priorities Act.

This act shall be known and may be cited as the "Asbestos and Silica Claims Priorities Act".
Added by Laws 2013, 1st Ex.Sess., c. 21, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 60, which was derived from Laws 2009, c. 228, § 54, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-91. Legislative findings.

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;
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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 3, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 61, which was derived from Laws 2009, c. 228, § 55, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-93. Pulmonary function testing - Interpretation.

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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 5, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 63, which was derived from Laws 2009, c. 228, § 57, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-96. Service of report on all defendants - Trial docket - 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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 8, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 66, which was derived from Laws 2009, c. 228, § 60, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-97. Filing of written report and supporting test results of 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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 9, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 67, which was derived from Laws 2009, c. 228, § 61, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-98. Effect of act in bankruptcy cases.

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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 10, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 68, which was derived from Laws 2009, c. 228, § 62, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-99. Restriction on adverse actions in regard to health benefit 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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 11, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 69, which was derived from Laws 2009, c. 228, § 63, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-100. Beginning of limitations period - Separate claims for 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 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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 12, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 70, which was derived from Laws 2009, c. 228, § 64, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-100.1. Applicability of act.

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.
Added by Laws 2013, 1st Ex.Sess., c. 21, § 13, emerg. eff. Sept. 10, 2013.
NOTE: Editorially renumbered from Title 76, § 101 to avoid a duplication in numbering.
NOTE: Text formerly resided under repealed Title 76, § 71, which was derived from Laws 2009, c. 228, § 65, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-101. Severe weather shelter - Immunity from suit.

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.
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.
Added by Laws 2012, c. 181, § 1, emerg. eff. May 4, 2012.
2023 Oklahoma Statutes › Title 76. Torts › §76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.

SHORT TITLE. This act shall be known and may be cited as the "Innocent Successor Asbestos-Related Liability Fairness Act".
Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 72, which was derived from Laws 2009, c. 228, § 66, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-104. Applicability.

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.
Added by Laws 2013, 1st Ex.Sess., c. 22, § 4, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 74, which was derived from Laws 2009, c. 228, § 68, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
2023 Oklahoma Statutes › Title 76. Torts › §76-105. Limitations on successor asbestos-related liabilities.

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.
Added by Laws 2013, 1st Ex.Sess., c. 22, § 5, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 75, which was derived from Laws 2009, c. 228, § 69, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).