This page was written, edited, and reviewed & approved by Rusty Smith following our comprehensive editorial guidelines. Rusty Smith, the Founding Attorney, has 25 years of legal experience as a personal injury attorney. Our last Published date shows when this page was last updated & reviewed.
You went to a store, a parking lot, or a building and left with an injury you never saw coming. A wet floor, a broken stair, or a dark stairwell can change your life in an instant. Now you face mounting medical bills and lost income for a hazard that was never your fault.
As your Oklahoma City premises liability lawyers, the legal team at Smith Barkett Law Group helps injured people across Oklahoma hold careless property owners accountable. We investigate the property, prove what went wrong, and aggressively pursue the full compensation you deserve.
Call Smith Barkett Law Group today at 918-395-6825 for a free case evaluation, and let us handle the insurers while you focus on recovery.
Following a property injury, expect denial rather than accountability from owners and their insurers. They'll argue you saw the risk, caused your own fall, or that the accident was simply unavoidable. Busting those myths requires a firm that knows precisely how to build a counter-case.
Our collective experience spans over 75 years, yielding millions in recoveries for injured Oklahomans. That trial pedigree is crucial; settlements only become meaningful once insurers know we're fully prepped for the courtroom and ready to present your story to a jury.
Based in Tulsa and Muskogee, our reach covers all corners of Oklahoma, from OKC to the eastern districts. Our caseload covers everything from slip-and-falls and negligent security to broader premises-liability claims. We act on day one to lock down evidence, because surveillance loops are overwritten and incident reports have a way of vanishing quickly.
Your first evaluation is completely free, and you pay no fees unless we collect for you. This lets you pursue justice without the burden of upfront costs weighing on your recovery.
Premises liability law often makes property owners answer when unsafe conditions injure someone. It covers various stores, apartments, offices, parking lots, and private homes. When owners ignore known hazards, the law can demand payment for the resulting harm.
In Oklahoma, the duty owed by a property owner shifts based on your reason for entry. Courts divide visitors into distinct groups, and each group receives its own level of protection.
The Oklahoma Supreme Court reaffirmed this status-based framework in Brown v. Dempster. Knowing your status is often the first question in a premises liability case.
Dangerous property conditions take many forms. Our attorneys handle the full range of premises liability claims across Oklahoma.
Common premises liability cases include:
Each of these cases turns on whether the owner knew, or should have known, about the danger. We investigate maintenance records, inspection logs, and prior complaints to answer that question.
Falls and other property injuries send millions of people to emergency rooms every year. According to the CDC, more than one in four adults age 65 and older falls each year, and falls are the leading cause of injury in that group. Falls are also the most common cause of traumatic brain injuries.
Oklahoma City draws heavy foot traffic to its stores, restaurants, arenas, and apartment complexes. Every one of those properties carries a duty to keep visitors reasonably safe. When owners defer maintenance or ignore a spill, ordinary errands turn dangerous.
Many injured people assume a fall was their own clumsiness. In reality, a hidden hazard or a neglected repair often causes the harm. An honest review of the property can reveal who was truly responsible.
No lawyer can name a fair figure before studying your case. The value of a premises liability claim depends on the severity of your injury, the length of your recovery, and the impact on your daily life.
A minor sprain resolves differently than a spinal injury, a serious head injury, or a fatal fall. Cases involving surgery, permanent disability, or lifelong care carry the highest stakes. Our team works with medical and financial experts to project the full cost of your injury.
Oklahoma does not limit the noneconomic damages a jury can award. In Beason v. I.E. Miller Services, the Oklahoma Supreme Court struck down the state's cap on damages for pain and suffering. That decision protects your right to full compensation decided by a jury, not a formula.
Compensation in a premises liability case covers far more than a single medical bill. We pursue every category of loss the law allows.
Economic damages cover measurable financial losses, including:
Non-economic damages cover the personal toll of the injury, including:
When a dangerous property claims a life, surviving family members may bring a wrongful death claim under Oklahoma law. These claims can recover funeral costs, lost financial support, and the loss of companionship. Our team documents each loss with the care it deserves.
Property owners and insurers almost always try to shift blame to the injured person. They may argue that you should have watched your step or that the danger was obvious. Do not let that tactic stop you from pursuing your claim.
Oklahoma follows a modified comparative negligence rule. Under 23 O.S. § 13, you can still recover as long as your share of fault is not greater than the combined fault of the parties responsible. Your percentage of fault reduces your recovery, but it is not erased.
Owners often raise the open and obvious defense, arguing they owe no duty for hazards you could plainly see. That defense has limits.
In Wood v. Mercedes-Benz of Oklahoma City, the Oklahoma Supreme Court held that an owner who creates or worsens a hazard can still be liable, even when the danger is visible. We can counter these arguments with evidence.
A property injury alone does not prove the owner was negligent. To win, we must show the owner failed to use reasonable care and that the failure caused your harm. Four elements form the foundation of every negligence claim.
Proving these elements takes evidence and speed. Our team gathers surveillance footage, incident reports, maintenance records, and witness statements before they disappear. We also establish that the owner knew, or should have known, about the hazard and failed to fix it.
Most property injuries trace back to a hazard the owner could have prevented. The specific cause varies, but the pattern of neglect is familiar to our attorneys.
Common causes of premises liability injuries include:
Behind each cause is a decision to put convenience or cost above safety. Identifying that decision is the heart of every case we build. We hold owners accountable for the choices that led to your injury.
Time is one of the most important factors in a premises liability case. Waiting too long can end a strong claim before it begins.
Under Oklahoma's statute of limitations, you generally have 2 years from the date of the injury to file a personal injury lawsuit. A wrongful death claim also carries a 2-year deadline, measured from the date of death. Missing the deadline usually means losing the right to recover entirely.
Acting early does more than protect the deadline. It gives our team time to secure video footage, locate witnesses, and document the hazard before repairs erase it. The sooner we begin, the stronger your case becomes.
Premises liability applies when an unsafe condition on someone's property causes an injury. Common examples include slip-and-fall injuries, negligent security, and falling objects. The owner must have known, or reasonably should have known, about the hazard and failed to address it.
Possibly. You have a claim if the store knew about the hazard, or should have discovered it, and failed to clean it up or warn you. We investigate how long the danger existed and whether staff followed reasonable inspection practices.
That argument does not automatically defeat your claim. Oklahoma courts still allow recovery when an owner creates the hazard or should expect harm despite its visibility. We gather evidence to show the owner's responsibility outweighs the defense.
No. Oklahoma does not cap the noneconomic damages a jury can award for pain and suffering. The state's damages limit was struck down as unconstitutional, which protects your right to full compensation.
We represent premises liability clients on a contingency-fee basis. You pay no upfront costs, and we collect a fee only if we recover compensation for you. Your first case evaluation is always free.
Report the incident, take photos of the hazard, and get the names of any witnesses. Seek medical care right away, and keep copies of your records. Then contact our team before you speak with the property owner's insurer.
You did not create the hazard that hurt you, and you should not carry its cost alone. Understanding your rights is one thing; enforcing them against a property owner's insurance company is another. That is where our attorneys step in.
When you hire Smith Barkett Law Group, attorneys Mike Barkett and Rusty Smith put their trial experience to work protecting what matters to you. Our team handles the investigation, the evidence, and the insurers, so your rights stay fully protected from start to finish. You focus on healing and moving forward.
If a careless property owner caused your injury, contact our Oklahoma City premises liability lawyers today. Call Smith Barkett Law Group at 918-395-6825 for a free case evaluation. There is no fee unless we win your case.
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