{"id":375799,"date":"2016-03-31T21:36:23","date_gmt":"2016-04-01T02:36:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oklahoma-law\/oklahoma-negligence-laws.html"},"modified":"2024-01-17T16:22:44","modified_gmt":"2024-01-17T21:22:44","slug":"oklahoma-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oklahoma-law\/oklahoma-negligence-laws.html","title":{"rendered":"Oklahoma Negligence Laws"},"content":{"rendered":"\n
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Oklahoma Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The legal theory of negligence<\/a> is a common cause of action for personal injury and other civil lawsuits. To be negligent is to violate a duty owed to another — in other words, to do (or fail to do) something in a reasonable manner, resulting in another individual’s injuries. For instance, if you broadside another motorist after running a red light, causing injury to the other driver, then you are negligent and thus liable for the injuries. Simply stated, a motorist who runs a red light is not following the rules of the road or acting like a reasonable person.<\/p>\r\n

This article provides a brief overview of Oklahoma negligence laws.<\/p>\r\n

Oklahoma Negligence Law Overview<\/h2>\r\n

Negligence is fairly universal from one state to the next, with some variations on how contributory or comparative negligence<\/a> affects liability and injury claims. A plaintiff in Oklahoma whose own negligence contributed to their injury, for instance, will have their damages reduced in proportion. And if the injured party was more negligent than the prospective defendant, he or she may not collect damages.<\/p>\r\n

Additional details about how Oklahoma handles negligence claims are listed in the following chart. See FindLaw’s Negligence<\/a> section for more articles.<\/p>\r\n\r\n
Code Section<\/td>\r\nTit. 23 \u00a7 13 et seq.<\/a> of the Oklahoma Statutes<\/td>\r\n<\/tr>
Modified Comparative Negligence<\/td>\r\nContributory negligence cannot be greater than the negligence of defendants; damages reduced in proportion to such person’s contributory negligence<\/td>\r\n<\/tr>
Contributory Negligence \u2014 Limit to Plaintiff’s Recovery<\/td>\r\n–<\/td>\r\n<\/tr>
Contribution Among Tortfeasors<\/td>\r\n Yes, but no more than their pro rata share of fault; no contribution for defendants who commit an intentional tort<\/td>\r\n<\/tr>
Uniform Act<\/td>\r\nTit. 12 \u00a7 832<\/a><\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

The Elements of a Negligence Case<\/h2>\r\n

In order to collect damages for injuries that resulted from another party’s negligence, you must be able to prove the following five elements:<\/p>\r\n

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  1. The defendant owed a duty to commit an act or refrain from committing an act<\/li>\r\n
  2. The defendant breached this duty<\/li>\r\n
  3. This breach of duty caused injury to the plaintiff<\/li>\r\n
  4. Defendant’s actions (or inactions) were the proximate cause of the injury (the defendant’s conduct or inaction is reasonably related to the plaintiff’s injuries)<\/li>\r\n
  5. Plaintiff suffered actual damages (i.e., lost wages, hospital bills, suffering, etc.)<\/li>\r\n<\/ol>\r\n

    Research the Law<\/h2>\r\n