Oklahoma’s Comparative Negligence Rule
The comparative negligence rule in Oklahoma plays an important role in determining fault in an accident, and can significantly impact the outcome of an insurance claim or civil lawsuit. In this article, we will explain what comparative negligence is and how it applies in Oklahoma.
What Is Comparative Negligence?
Comparative negligence refers to a legal doctrine which states that if both parties were responsible for an accident, the fault and degree of responsibility is divided between the parties. This means that if one party was more negligent (at fault) than the other, that person is assigned a larger portion of the blame for the accident.
In Oklahoma, this doctrine has been codified in the state’s statute of limitations. Oklahoma Statutes section 12-1465 states that any tort or wrongful act, or defect in a product or service, may be used in a tort claim to determine fault.
Under the comparative negligence rule, if a person is injured or suffers damages from another person’s negligence, that person may seek compensation from the person responsible for their injuries. However, the amount of compensation is reduced by the degree to which the injured person may have been responsible for their own injury. This means that the amount of damages a person can recover is decreased according to their own level of negligence.
The doctrine of comparative negligence in Oklahoma applies to any type of personal injury case, including auto accidents, slips and falls, medical malpractice, and product liability cases.
How Is Comparative Negligence Applied In Oklahoma?
In Oklahoma, the two types of comparative negligence are the pure comparative negligence rule and the modified comparative negligence rule. Under the pure comparative negligence rule, a person can be held liable for his or her own negligence – regardless of the degree. This means that even if the person was entirely at fault for the accident, they can still recover some amount of compensation, but the amount is reduced by the amount of their own negligent conduct.
Under the modified comparative negligence rule, a person can be held liable for their own negligence, but the amount of compensation they can recover is limited to the amount of negligence assigned to the other party. This means that if a person is found to be more than 50% responsible for an accident, they are not allowed to recover any damages for the injuries that were caused by the accident.
In Oklahoma, the modified comparative negligence rule applies when determining fault in a personal injury case. Therefore, no matter how much fault an injured person may have in causing a particular accident, their claim cannot be impacted if their personal negligence is determined to be 50% or less.
Conclusion
The comparative negligence rule in Oklahoma is an important concept to understand when it comes to determining who is at fault for an accident. When an accident occurs, it is necessary to determine the extent of fault for all parties involved. This is especially important in cases involving personal injury, as it will help determine whether or not the liable party is financially liable for the injuries and damages that were caused. As stated above, Oklahoma follows the modified comparative negligence rule, meaning that if a person is found to be more than 50% responsible for an accident, they are not allowed to recover any damages for the injuries caused. It is important for anyone involved in an accident to understand the rules of comparative negligence in the state of Oklahoma so that their claim can be handled correctly.
