Average Premises Liability Settlement in Oklahoma [2024 Updated]

When it comes to premises liability, a homeowner or business owner has a legal responsibility to maintain the property to an adequate degree. Otherwise, someone could get hurt and have a valid personal injury claim they could pursue. If this has happened to you, you may be wondering about the average premises liability settlement in Oklahoma.

Premises liability cases can get technical and contentious, and having an experienced premises liability lawyer on your side can make a difference.

Premises Liability in Oklahoma

The average payout in premises liability claims is different for each claim and is specific to the factors involved. A settlement will be dependent on the severity of injuries incurred, medical bills from injuries, lost wages or future income, and the skill of your premises liability lawyer.

Oklahoma state law requires all property owners to maintain their properties to a reasonable degree. If someone is injured on that property as a direct result of the owner’s negligent behavior, they can file a personal injury claim. Here are some of the common types of accidents that can result in a premises liability claim due to a business owner’s negligent behavior:

• Slip and Fall Accidents: Arguably the most common form of accident in these kinds of cases, slips and falls happen all the time. They could be the result of an unkempt lawn, a slippery floor, or a loose tile, all of which fall under the property owner’s responsibility to maintain.
• Bar Accidents: Every store or restaurant that sells alcohol must take extra precautions due to an increase in intoxicated behavior. If a bar continues to serve customers who are clearly intoxicated, the customer’s subsequent behavior could fall under premises liability laws. If someone is injured by that drunken customer, they could bring a personal injury claim against the bar.
• Poor Security: If a building such as a bank or a jewelry store has inadequate security, it has a much higher chance of being robbed or burgled. If someone is injured in a robbery due to a lack of security or a lapse in security, they could potentially bring a personal injury claim against the store owner.
• Dog Bites: Under Oklahoma state law, a pet owner is solely responsible for any injuries that their pet causes someone. If you are legally on someone’s property and their dog suddenly bites you, you may be able to bring a personal injury claim against the property owner due to the actions of their dog.
• Swimming Pool Accidents: Accidental drownings and other pool-related accidents happen quite frequently. Swimming pools, particularly public pools, need to be properly maintained by the owners, including sanitizing the water, providing security fences, and providing adequate supervision in the form of lifeguards or other authorized personnel. If someone is hurt due to the poor management of the pool, they could bring a personal injury claim against the owner.
• Falling Objects: These types of accidents happen largely on construction sites, where even the slightest mistake can cause catastrophic damage if not handled correctly. Anything falling from a significant height and landing on someone can be a serious injury, and someone could be held liable for it.

FAQs

Q: How Do You Calculate a Settlement Amount for Pain and Suffering?

A: Calculating a settlement amount for pain and suffering is usually done using the “Multiplier Method.” In this method, the economic damages are tallied up and multiplied by a number between 1 and 5, with 3 being the usual average number. The multiplier will be decided on by considering the severity of your injuries, your prospects for recovery, and whether the other party was largely at fault.

Q: Can a Trespasser Sue a Homeowner for Premises Liability Injuries?

A: No, a trespasser cannot sue a homeowner for premises liability injuries. Trespassers are not afforded the same legal rights as people who are welcomed with permission. Therefore, the homeowners have no legal right to trespassers, who are responsible for any injury they may sustain while trespassing. However, if the trespassers happen to be children, the homeowner may assume some liability if the children are injured on their property.

Q: What Is a Typical Amount of Pain and Suffering?

A: Pain and suffering is going to vary, depending on the factors of your case. Additionally, Oklahoma has a $350,000 damage cap on non-economic damages, including pain and suffering. That means that the number you ask for damages cannot exceed $350,000, except in special circumstances. When seeking pain and suffering damages, it cannot hurt to ask for a higher number than the one you expect to get.

Q: How Do You Calculate Damages for Emotional Distress?

A: The method for calculating emotional distress damages is roughly the same multiplier method that is used to calculate pain and suffering damages. You can also use the “per diem” method to calculate non-economic damages. This method assigns a dollar value to every day that you have lived with your pain and suffering or emotional distress. Justifying a daily rate can get complicated, and the opposing counsel will likely challenge the number.

Reach Out to a Premises Liability Lawyer Today

It is unacceptable for property owners to allow undue injury to people through negligent behavior and improper maintenance. Dealing with an injury brought on by someone else’s negligence can be embarrassing, painful, and unforgivable in certain situations. The legal team at 222 Injury Lawyers can be the compassionate support you need during this difficult time, and we will stand up for you so you can focus on recovery.

We are here to help you win your case. The only way to succeed in a premises liability case is to prove the negligence of the property owner, and that is not always easy. Insurance companies will fight your claim and may even try to make you out to be the bad guy. We can help show insurance companies that you are very serious about your claim, and that we are not backing down. Contact us to schedule a consultation as soon as you can.