Under Oklahoma law, owners have a clear duty to prevent foreseeable harm from hazards on their property. When they neglect this duty—by failing to clean a spill, fix a broken step, or salt an icy walkway—they can be held accountable for the consequences.
At Carr & Carr Injury Attorneys, we have been guiding Oklahomans through this process for decades. As your experienced Oklahoma City slip and fall lawyer, we understand the law, anticipate the insurance company’s tactics, and manage the legal details so you can focus on healing.
If you were hurt on someone else’s property, call us for a free, no-pressure evaluation of your case at (405) 691-1600.
How Carr & Carr Injury Attorneys Help After a Slip & Fall Accident
When you are recovering from an injury, the last thing you need is more stress. We believe your legal counsel should relieve burdens, not add to them. Our approach is built on direct, clear communication and a deep understanding of the challenges you face.
How We Support Your Case
- Free Case Review: We will listen to your story and provide a straightforward assessment of your case at no cost to you
- You Pay Nothing Unless We Win: We work on a contingency fee basis. This means you will not pay any attorney’s fees unless we successfully recover compensation for you. We are invested in the outcome of your case right alongside you
- Personalized Attention: Your case will be handled by our dedicated team, not passed down a chain. We take the time to understand the details of your accident and how your injuries have impacted your life, building a strategy tailored to your specific needs
- Decades of Experience: Our firm has years of experience handling personal injury claims across Oklahoma, giving us the knowledge to handle premises liability law.
What Could Your Slip and Fall Settlement Cover?
A settlement is designed to cover every cost and loss the accident forced upon you, restoring financial stability after an injury disrupts your life. Compensation is generally divided into two categories.
Covering Every Bill and Lost Paycheck
These are the direct, documentable expenses that result from your injury:
- Medical Treatment: Every cost from the emergency room visit, surgeries, and doctor’s appointments to physical therapy sessions and prescription medications.
- Future Medical Needs: Anticipated future treatments, assistive devices like crutches, and long-term rehabilitation.
- Lost Wages: The income you lost while unable to work.
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or limit your future earning ability.
Accounting for the Human Cost
These damages acknowledge the personal ways the injury has affected your life beyond the financial costs:
- Pain and Suffering: Compensation for the physical pain and discomfort you have endured.
- Emotional Distress: Acknowledges the anxiety, stress, and trauma resulting from the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, and life experiences you previously enjoyed.
A Note on Punitive Damages
In very rare cases where a property owner’s conduct was exceptionally reckless, a court might award punitive damages. These are not meant to compensate you but to punish the defendant and deter similar behavior.
Common Locations for Slip and Fall Accidents in Oklahoma City
Slip and fall accidents are one of the most frequent causes of injury in Oklahoma City, especially in places where property owners neglect maintenance or fail to address safety hazards. From crowded retail spaces to poorly lit parking lots, certain locations pose a much higher risk.
1. Retail Stores and Grocery Chains
Large retail outlets, supermarkets, and convenience stores are among the most common places for slip and fall accidents. Spills, leaks, and recently mopped floors without warning signs can create dangerous conditions for shoppers.
Common Hazards in Retail:
- Spilled liquids not promptly cleaned up
- Floors mopped without signage
- Cluttered or narrow aisles
- Loose rugs or floor mats at entrances
- Leaking refrigeration units
These incidents are especially common in high-traffic stores where staff is stretched thin.
2. Parking Lots and Parking Garages
Oklahoma City’s seasonal weather shifts can worsen conditions in parking areas. Cracked pavement, pooled water, or icy patches make walking treacherous, especially when lighting is poor.
Top Issues in Parking Areas:
- Potholes or uneven pavement
- Poor lighting after sunset
- Slippery surfaces during rain or ice
- Faded or missing striping that hides elevation changes
Inattentive maintenance in these high-traffic zones commonly leads to serious falls, particularly among older adults or people carrying groceries or young children.
3. Sidewalks and Walkways
City sidewalks, residential walkways, and pathways leading to businesses are a frequent source of injuries. Oklahoma property owners—public and private—have a legal duty to maintain these areas.
Sidewalk Fall Risks Include:
- Cracks and broken concrete
- Raised sections from tree roots
- Debris or gravel from nearby construction
- Sloped surfaces without proper traction
4. Restaurants and Bars
Busy dining and drinking establishments are hot spots for slip and fall accidents. Spills are inevitable, but failure to clean them promptly or to warn customers increases liability.
Hazards in Food Service Locations:
- Wet floors from spilled drinks or food
- Grease build-up in kitchen and serving areas
- Dim lighting that hides puddles or clutter
- Overcrowded walkways or obstructed exits
These venues, in many cases, combine low visibility, high foot traffic, and time pressure—creating the perfect storm for injuries.
5. Stairways and Entryways
Stairs and entrances are particularly hazardous when building owners fail to maintain basic safety features. A missing handrail or dim lighting easily turns a minor slip into a life-changing injury.
Frequent Stairway Defects:
- Broken or uneven steps
- Loose or missing handrails
- Slippery tiles or worn carpets
- Inadequate lighting in stairwells or entry paths
In Oklahoma, falls account for over 25% of nonfatal workplace injuries, and stair-related accidents are a major contributor (U.S. Bureau of Labor Statistics).
Oklahoma’s Weather: A Predictable Hazard
Property owners have a duty to address all weather-related dangers in a reasonable time. During one winter storm, EMSA responded to dozens of slip and fall calls in a single day. Owners are expected to take steps like salting or shoveling to clear ice and snow and to place mats to absorb tracked-in rain.
How Oklahoma Law Views Your Fall
Falls Cause More Than Bruises
A fall easily causes significant harm, and some injuries may not be immediately apparent. Common injuries include:
- Soft Tissue Injuries: Sprains and strains to wrists, ankles, and knees are common.
- Fractures: Broken bones, especially of the wrist, arm, ankle, and hip, are frequent results of a hard fall, especially for seniors.
- Head Injuries: Hitting your head can cause anything from a minor concussion to a traumatic brain injury (TBI).
- Back and Spinal Cord Injuries: Awkward landings might even lead to herniated discs or, in severe cases, damage to the spinal cord.
The Legal Framework: A Property Owner’s Duty of Care
In Oklahoma, the responsibility a property owner owes you depends on why you were there. This is a legal concept known as “duty of care.”
- Invitees: As a customer in a store or a client in an office, you are an “invitee.” The property owner owes you the highest duty. They must actively inspect their property for dangers, fix them, and warn you about them.
- Licensees: A social guest in someone’s home is a “licensee.” The owner must warn you of known dangers they are aware of.
- Trespassers: Property owners generally do not owe a duty to keep their property safe for trespassers, except not to intentionally harm them.
A key part of your case is showing the property owner knew, or should have known, about the dangerous condition. This is called “notice.” A spill that just happened gives the owner little time to react. A spill that has been there for an hour is a different story.
The Insurance Company’s Playbook
Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which means paying out as little as possible on claims. This financial incentive puts them directly at odds with your need for fair compensation.
Tactics We Anticipate and Counter
We are familiar with the strategies insurers use to minimize or deny claims:
- Requesting a Recorded Statement: They will ask you to give a statement right away, hoping you will say something to undermine your case, like “I’m fine” or “I wasn’t paying attention.”
- A Quick, Lowball Offer: An early settlement offer may be tempting, but it is almost always a fraction of your case’s true value, made before the full extent of your injuries is known.
- Disputing Your Injuries: The insurer may argue that your injuries were pre-existing or are not as serious as your doctors claim.
- Shifting the Blame: A common defense is to claim the hazard was “open and obvious” or that you are partially at fault for not watching where you were going.
What to Do Immediately After a Slip and Fall
Here is what you should prioritize:
- Report the Accident: Inform the manager, owner, or landlord about what happened right away. Ask them to make a written report and get a copy for your records. This creates an official record of the incident.
- Seek Medical Attention: Your health comes first. Get examined by a doctor even if you feel you only have minor injuries. Some serious conditions, like concussions or internal injuries, may not show symptoms for hours or days. Your medical records will become a cornerstone of your claim.
- Document Everything: Use your phone to take pictures of the exact spot where you fell. Capture the hazard that caused it—the puddle, the broken tile, the icy patch—before it can be cleaned up or repaired. If anyone saw you fall, get their name and phone number.
- Preserve the Evidence: Keep the shoes and clothing you were wearing at the time of the fall in a safe place. Do not wear or wash them. They may be needed as evidence later.
- Decline to Give a Recorded Statement: The property owner’s insurance company may contact you quickly and ask for a recorded statement. It is best to decline until you have spoken with an attorney. They are looking for information to minimize or deny your claim.
Frequently Asked Questions About Oklahoma City Slip & Fall Claims
What if I was partially at fault for my fall?
Oklahoma uses a “modified comparative negligence” rule. As defined in Oklahoma Statutes Title 23 § 13, this means you can still recover damages as long as your share of the fault is 50% or less. If you are found 20% at fault, for instance, your compensation would be reduced by 20%, meaning you could still recover 80% of your damages.
How long do I have to file a slip and fall lawsuit in Oklahoma?
For most personal injury claims in Oklahoma, the statute of limitations is two years from the date of the accident. However, a much shorter deadline applies if your fall was on government property. The Oklahoma Governmental Tort Claims Act requires you to give formal notice of your claim within just one year. It is important to act quickly to preserve your rights.
Do I have to go to court to get a settlement?
Most personal injury cases are settled out of court through negotiations between your attorney and the insurance company. A settlement avoids the time and uncertainty of a trial. However, if the insurance company refuses to make a fair offer, we are always prepared to take your case to trial.
What if I fell at a friend’s or family member’s house?
This is a sensitive situation. It is important to remember that you are not suing your friend or relative directly. You are filing a claim against their homeowner’s insurance policy. This insurance exists specifically to cover these types of accidents, allowing you to get compensation for your medical bills without creating a personal financial hardship for your loved one.
Let’s Begin Building Your Case
You do not have to face the legal process or insurance companies alone. Let our team at Carr & Carr Injury Attorneys—your trusted Oklahoma City personal injury lawyer—manage the details so you can concentrate on your recovery.
Call us today at (405) 691-1600 or fill out our online contact form for a free, confidential consultation.
Carr & Carr Injury Attorneys – Oklahoma City Office
Address: 1350 SW 89th St, Oklahoma City, OK 73159
Contact No: 405-691-1600