Slip and Fall at a Store or Business in Oklahoma: Can You Sue?

• Businesses owe customers the highest duty of care under Oklahoma premises liability law. When you enter a store as a customer, you are an invitee, the highest protected class. Under Oklahoma case law, businesses owe invitees a duty of reasonable care to keep the premises reasonably safe from hidden dangers not known to the invitee and not discoverable through ordinary care. This is a higher duty than what is owed to social guests or trespassers.
• The critical issue in most slip and fall cases is notice. To hold a business liable, you must prove it had actual knowledge of the hazard (an employee created or knew about it) or constructive knowledge (the hazard existed long enough that reasonable care would have discovered it). Surveillance footage showing how long a spill sat on the floor before your fall is often the most important evidence in the case.
• Photograph the hazard immediately, before it is cleaned up. Businesses routinely clean up hazards immediately after a fall to eliminate evidence. Your photographs of the hazard, the absence of warning signs, and the condition of the floor are critical evidence that may not be available even an hour after the accident.
• Incident reports can be used against you. When you report a slip and fall to a store manager, the incident report is created by the business, not by you. It may contain inaccuracies or omissions that favor the business. Do not sign any document prepared by the store without reading it carefully, and do not give a recorded statement to the store's insurance company without consulting an attorney.
• Comparative fault applies to slip and fall cases. Under 23 O.S. § 13, if you were partially at fault for your fall, for example, if you were distracted, wearing inappropriate footwear, or ignored a warning sign, your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover. Insurance companies routinely argue comparative fault to reduce slip and fall settlements.
• The statute of limitations is two years. Under 12 O.S. § 95, slip and fall claims must be filed within two years of the accident. For falls on government property (city sidewalks, public schools, government buildings), you must file a notice of claim within one year under 51 O.S. § 156, and in some cases within 90 days.

When you enter a store as a customer in Oklahoma, you are an invitee, the highest protected class under premises liability law. Businesses owe invitees a duty of reasonable care to keep the premises safe from hidden dangers, under Oklahoma case law including Scott v. Archon Group, 2008 OK 45. To win a slip and fall case, you must prove the business had actual or constructive knowledge of the hazard. Slip and fall claims must be filed within two years under 12 O.S. § 95, and comparative fault (23 O.S. § 13) applies if you were partially responsible.

Every year, thousands of Oklahomans are injured in slip and fall accidents at stores, restaurants, hotels, grocery stores, and other commercial properties. These accidents can cause serious injuries, broken hips, wrists, and ankles, traumatic brain injuries, and back problems that can last a lifetime. If you were injured in a slip and fall at a business in Oklahoma, the property owner may be legally responsible for your damages.

Oklahoma Premises Liability Law: The Invitee Standard

Oklahoma premises liability law, developed through case law rather than a single statute, classifies visitors to property into three categories, each with a different duty of care. See Scott v. Archon Group, L.P., 2008 OK 45; Brown v. Dempster, 2024 OK 17.

• Invitees, people invited onto the property for a business purpose (customers, shoppers, diners). Businesses owe invitees the highest duty of care: reasonable care to keep the premises reasonably safe, which extends to hidden dangers not known to the invitee and not discoverable through ordinary care.
• Licensees, people on the property with permission but for their own purpose (social guests). Property owners owe licensees a duty to warn of known hazards but are not required to inspect for unknown hazards.
• Trespassers, people on the property without permission. Property owners generally owe trespassers only a duty to refrain from willful or wanton injury.

As a customer at a store, you are an invitee. This means the store owes you the highest standard of care and is liable if it had actual knowledge of a hazard, or if the hazard existed long enough that reasonable care would have discovered it, not just when it already knew about the hazard and failed to warn.

The Notice Requirement: Actual vs. Constructive Knowledge

The most contested issue in most slip and fall cases is whether the business had notice of the hazard. Oklahoma courts recognize two types of notice:

Actual Notice

The business actually knew about the hazard before your fall. This can be established by showing that an employee created the hazard (for example, a mop bucket left in an aisle), an employee was told about the hazard, or a prior incident report documented the same hazard.

Constructive Notice

The hazard existed for long enough that the business should have discovered it through reasonable inspection. The key question is: how long was the hazard present before the fall? A spill that was on the floor for 30 seconds is very different from one that was there for 45 minutes. Evidence of constructive notice includes:

• Surveillance footage showing the duration of the hazard before the fall
• Testimony from employees about inspection schedules and procedures
• The condition of the hazard itself, a spill with dried edges or footprints through it suggests it had been there for some time
• The absence of any inspection log entries for the area
• Prior complaints or incidents involving the same hazard

Common Causes of Slip and Fall Accidents at Oklahoma Businesses

• Wet floors from spills, mopping, or leaks, without adequate warning signs or with warning signs that were inadequate for the size or location of the hazard
• Uneven or broken flooring, cracked tile, raised floor transitions, buckled linoleum, or damaged hardwood
• Cracked sidewalks or potholes in parking lots, particularly dangerous for elderly customers
• Poor lighting, in stairwells, parking garages, store aisles, or restrooms
• Cluttered aisles or merchandise left in walkways, boxes, pallets, or displays that block or obstruct the walking path
• Loose or torn carpeting, particularly at entrances and transitions between floor surfaces
• Icy or snowy walkways, failure to salt, sand, or clear snow and ice from entrances and parking lots
• Defective stairs or handrails, broken, loose, or missing handrails; uneven stair heights; worn or slippery stair surfaces
• Wet restroom floors, particularly common in restaurants and grocery stores
• Produce or deli spills, water from produce misters, oil from deli counters, or fruit that has fallen to the floor

What You Need to Prove to Win a Slip and Fall Case in Oklahoma

To hold a business liable for a slip and fall in Oklahoma, you must prove four elements:

1. A dangerous condition existed on the property. The floor was wet, the surface was uneven, the lighting was inadequate, or some other hazard was present.
2. The owner had actual or constructive knowledge of the condition. The business either knew about the hazard or should have known about it through reasonable inspection.
3. The owner failed to fix the condition or warn you within a reasonable time. The business did not correct the hazard or provide adequate warning before your fall.
4. The dangerous condition caused your fall and injuries. There must be a direct causal connection between the hazard and your injuries.

What to Do Immediately After a Slip and Fall at a Store: 7-Step Guide

1. Do not leave the scene without reporting the accident. Report the fall to a store manager immediately and ask them to complete an incident report. Request a copy of the incident report before you leave. If they refuse to give you a copy, write down the names of the employees you spoke with and the time and date.
2. Photograph the hazard before it is cleaned up. Use your phone to photograph the hazard, the wet floor, the absence of warning signs, the condition of the surface, and the surrounding area. This is the most time-sensitive step; businesses often clean up hazards within minutes of a fall.
3. Photograph your injuries. Photograph any visible injuries, cuts, bruises, abrasions, at the scene and in the days following the accident as bruising develops.
4. Get witness information. Ask anyone who witnessed the fall for their name and phone number. Witnesses who saw the hazard before your fall, or who can testify that no warning signs were present, are particularly valuable.
5. Seek medical treatment promptly. Go to an emergency room or urgent care center the same day if possible. Delayed treatment gives insurance companies ammunition to argue that your injuries are not serious or are unrelated to the fall.
6. Preserve your shoes and clothing. The shoes you were wearing and the clothing you had on at the time of the fall may be evidence. Do not wash or discard them.
7. Do not give a recorded statement to the store's insurance company. The store's insurer will likely contact you quickly and ask for a recorded statement. You are not required to give one. Recorded statements are used to elicit admissions that can be used to reduce or deny your claim. Consult an attorney before speaking with any insurance adjuster.

What Compensation Can You Recover?

Victims of slip and fall accidents at Oklahoma businesses can recover:

• Medical expenses, emergency room visits, surgery, hospitalization, physical therapy, chiropractic care, and future medical treatment
• Lost wages, income lost during recovery, including future earning capacity if the injury causes permanent disability
• Pain and suffering, physical pain and emotional distress under 23 O.S. § 61
• Permanent disability or disfigurement, compensation for lasting impairment or scarring
• Loss of enjoyment of life, compensation for the inability to engage in activities you previously enjoyed
• Punitive damages, in cases where the business's conduct was reckless or intentional (23 O.S. § 9.1), such as knowingly leaving a hazard unaddressed after multiple prior incidents

If you were injured in a slip and fall at a store, restaurant, or other business in Oklahoma, call (918) 770-9775 for a free consultation. I handle premises liability cases throughout Tulsa, Oklahoma City, and across Oklahoma. No fee unless we win.