Premises liability limitation against trespassers in Oklahoma

Hawkins Law Firm • Aug 05, 2015

Under Oklahoma law, any property owner must ensure that the property is not only safe for that owner, but that it is also safe for any visitor of the property. In cases in which the visitor is injured or has an accident on the person’s property due to unsafe conditions, the victim may be able to initiate a lawsuit against the owner.

Interestingly, premises liability not only extends to legitimate visitors and people who were invited to visit the property, but it also includes trespassers who have violated the law by merely being on the owner’s property. It must be noted, however, that the degree of liability on the part of the owner decreases between the visitors and the people who were invited to visit the property as opposed to trespassers. In a typical case, the age of the trespasser will also play a factor, with minor trespassers having more rights under premises liability laws than adult trespassers. So, what rights do trespassers have to a person’s property?

A premises liability on behalf of a minor could arise under the following circumstances:

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