Getting injured can be one of the most catastrophic events of your life. In one fell swoop, your livelihood, mobility, and sometimes even your long-term health can be seriously diminished. Injuries can happen at work, while shopping, or visiting a business, through faulty or negligent construction, or while driving or as a passenger of a motor vehicle. In each case, as an injured party, you should be entitled to compensation for your injuries. Make sure you have the best civil representation in Oklahoma City– call M.K. Bailey Law Offices at 405-607-1177 today for a complimentary consultation.
Personal Injury, Catastrophic Injury, & Wrongful Death
Just as there are a multitude of ways you may be injured, there are also many areas of injury law that may apply to your case. The attorneys at M.K. Bailey Law Offices specialize in major personal and catastrophic injury law, including injuries from automobile and trucking accidents, commercial vehicle accidents, product liability, premises liability, and construction injuries.
Major personal injuries affect not only you, but your loved ones and co-workers. You are entitled to just compensation for the loss of your limbs, disfigurement, paralysis, hospitalization, and any other substantial loss to your lifestyle or working ability. Many people do not realize just how devastating these kinds of injuries can be to a person’s emotional and financial well-being as well.
Unfortunately for injured parties, insurance companies are usually the first to step in and try to make a settlement offer. Insurance companies, their adjusters, and attorneys know this area of law backwards and forwards—and count on the fact that you don’t. People dealing directly with these sophisticated companies often find out that they were undercompensated for the extensive damage, especially when accepting the first settlement offer. In these situations, you need to focus on healing and rehabilitation, not arguing over dollar amounts and deductibles. Our attorneys have experience in successfully negotiating settlements for our clients, and are ready to discuss your case with you.
One of the things that we take for granted is that a product will work the way it’s supposed to work, and work in the way the manufacturer promised. However, thousands of people each year are injured by faulty or negligently-designed products, which can cause major injuries. People are burned, lose limbs, and in some extreme cases, lose their lives when products malfunction. Other times, products that malfunction can damage homes, and other property. Federal and state laws are supposed to regulate the production of all products for safety, but many times manufacturers “cut corners” in order to make a profit—and this can lead to serious injuries to the consumer. You need a competent products liability attorney to hold these companies responsible for their actions, and receive compensation for your injuries.
In order to bring a suitable products liability claim against a manufacturer in Oklahoma, you must show:
- The defendant company manufactured, sold, or leased the product in question;
- The defendant company was in the business of manufacturing, leasing, or selling such products;
- The product was defective and because of the defect, the product was unreasonably dangerous to a person (or the property of a person) who uses, consumes, or might be reasonably expected to be affected by the product;
- The product was defective at the time it was manufactured, sold or leased by the defendant company or when the product left the defendant’s control;
- The plaintiff was a person who used, consumed, or could have reasonably been affected by the product; and
- The plaintiff sustained personal injuries and/or damage to property directly caused by the defect in the product.
Defects in manufacturing can occur through the product’s design, manufacturing, packaging, labeling, or warnings. In order to qualify as defective, Oklahoma law requires that the product is found to be “not reasonably fit for the ordinary purposes” for that product, or similar products. Additionally, manufacturers can be held liable for failing to adequately warn the consumer of the dangers in misusing the product.
Most often, products liability claims fall under one of three categories: design defects, manufacturer defects, and marketing defects. In each case, liability can be established through promises made by the manufacturing company, either explicitly or implicitly. If you have been injured because you relied on a product to work effectively, you may have a valid claim.
The skilled attorneys at M.K. Bailey Law Offices are able to help you maneuver through the complex issues of your claim, and help you to decide what course of action to choose. Products liability claims are not just about faulty toasters or baby swings—injuries sustained from pharmaceutical products, toxic food products, surgical products, and automobile defects may qualify for a products liability action. Call our offices today and speak with a qualified products liability attorney.
Premises liability occurs when you incur injuries while on another person’s property, and the law holds that property owners and residents are liable for those injuries. The types of premises liability cases that people are most familiar with are slip-and-fall cases— when an individual has slipped, tripped, or fallen while visiting a shop, business, or another person’s home. But premises liability can be triggered in a variety of other ways, from rides at an amusement park, in swimming pools or ponds, from pets and other animals, and in restaurants and grocery stores. If you have been injured while on someone else’s property, or you are the owner of the property where an injury has occurred, you need to seek counsel to discuss your case. M.K. Bailey’s premises liability attorneys are qualified and experienced in both plaintiff and defendant suits for premises liability, and can advise you on how to proceed.
The major focus of a premises liability claim in Oklahoma is the status of the injured party and whether the defendant “possessed” the land on which the injury occurred. There are three main categories to visitors on property- invitee, licensee, and trespasser. Each category attaches a level of liability to which the property owner owes the visitor.
Invitees are persons who are invited to enter or remain on the property for the possessor’s commercial benefit. Invitees are usually customers, clients, or other business visitors. These individuals are given the highest duty of care by Oklahoma premises liability law. Property owners may be liable to an invitee’s injuries from a condition on the property if 1) the risk of harm was unreasonable, and 2) the property owner knew or should have known of the condition, and should have realized that the condition would pose an unreasonable risk of harm to the invitee. Additionally, the property owner may have a duty to inspect the premises for hazards and potential risks to the invitee, and may be under a duty to repair such hazards.
Licensees are persons who are invited to enter or remain on the property for non-commercial reasons. Often licensees are friends, family, or other social guests on the property. Under Oklahoma law, licensees are afforded less protection than invitees, and property owners can be held liable only if the injured plaintiff is able to establish that 1) the property owner knew or should have known the condition and that the licensee would not discover the danger, 2) the property owner failed to exercise reasonable care to make the condition safe, or warn the licensee of the danger the condition posed, and 3) the licensee did not know or have reason to know the condition and risk involved. Because the law requires both the property owner to know of the condition and for the licensee to be unaware of the condition, this raises the burden of proof for a potential plaintiff.
Except for intentional, wanton, or malicious acts of injury, property owners owe no duty of care to trespassers. However, under the attractive nuisance doctrine, children who are trespassers may be owed a duty of care under certain circumstances.
The civil attorneys at M.K. Bailey Law Offices can explain to you in detail the difference between these classes of visitors, and make a determination of your status in relation to the property. Based on this classification, you may be able to receive compensation for your injuries.