Title 76 — Title 76 — Torts

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 66, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 102.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 67, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 103.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 68, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 104.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 69, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 105.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 70, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 106.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 71, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 107.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 72, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 108.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 73, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 76, § 109.

The rights of personal relation forbid: 1. The abduction of a husband from his wife, a wife from her husband or of a parent from his child. 2. The abduction or enticement of a child from a parent, or from a guardian entitled to its custody, or of a servant from his master. 3. An …

Abolition. From and after the effective date of this act, the alienation of the affections of a spouse of sound mind and legal age or seduction of any person of sound mind and legal age is hereby abolished as a civil cause of action in this state. Added by Laws 1976, c. 164, § 2,…

A. A possessor of land, including an owner, lessee, or other occupant, has no duty to make its premises safe for a trespasser and is not subject to liability for any injury to a trespasser. B. Notwithstanding subsection A of this section, a possessor of land may be subject to lia…

trespassing. A. A person who is arrested for or convicted of trespass may be held liable for any damages to personal or real property while trespassing. B. A person or entity that compensates, provides consideration to or remunerates a person for trespassing as described in subse…

This act shall be known and may be cited as the "Personal Injury Trust Fund Transparency Act". Added by Laws 2013, c. 215, § 1, eff. Nov. 1, 2013.

As used in the Personal Injury Trust Fund Transparency Act: 1. "Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury or another harm, including loss of co…

REQUIRED DISCLOSURES BY PLAINTIFF. A. Within ninety (90) days after an action for a personal injury or other tort is filed, the plaintiff, without awaiting a discovery request, shall provide to all parties a statement identifying all personal injury claims the plaintiff has or an…

DISCOVERY; USE OF MATERIALS. A. Trust claims materials and trust governance documents shall be presumed to be relevant and authentic, subject to the Rules of Evidence governing admissibility. Any party may present trust claims materials to prove alternative causation for a plaint…

SCHEDULING TRIAL; STAY OF ACTION. A. The trial date in a personal injury action in this state shall be no earlier than one hundred eighty (180) days after the plaintiff makes the disclosures required under subsections A and B of Section 3 of this act. B. If a plaintiff states und…

personal injury trusts. DEFENDANT'S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL INJURY TRUSTS. A. 1. Not later than ninety (90) days before trial, any defendant may move the court for an order under subsection D of this section by identifying a personal injury trust agai…

notice. VALUATION OF PERSONAL INJURY TRUST CLAIMS; JUDICIAL NOTICE. If a plaintiff proceeds to trial under this section before one of more of his or her personal injury trust claims is resolved, there is a rebuttable presumption that the plaintiff is entitled to, and will receive…

SETOFFS; CREDIT. In any personal injury claim for which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under Section 7 of this act and any amount the plaintiff has been awarded from a personal injury trust claim ident…

FAILURE TO PROVIDE INFORMATION; SANCTIONS. A plaintiff who fails to provide all of the information required under Section 3, subsection B of Section 4 or subsection D of Section 6 of this act is subject to sanctions as provided in Sections 2011 and 3237 of Title 12 of the Oklahom…

Any necessary force may be used to protect from wrongful injury the person or property of one's self, or of a wife, husband, child, parent or other relative, or member of one's family, or of a ward, servant, master or guest. R.L. 1910, § 2958.

This act shall be known and may be cited as the "Asbestos and Silica Claims Priorities Act". Added by Laws 2013, 1st Ex.Sess., c. 21, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 60, which was derived from Laws 2009, c. 228, § 54, which …

A. FINDINGS. The Legislature finds that: 1. Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes; 2. Millions of American workers and others were exposed to asbestos, especially during and after World War II, prior to the…

DEFINITIONS. As used in the Asbestos and Silica Claims Priorities Act: 1. "Asbestos" means all minerals defined as "asbestos" in 29 CFR 1910, as and if amended; 2. "Asbestos claim" means any claim for damages or other civil or equitable relief presented in a civil action, arising…

Pulmonary function testing required by this act must be interpreted by a physician who is: 1. Licensed in this state or another state of the United States; and 2. Board-certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time o…

Detailed occupational and exposure history - Evidence standards. A. No person shall have an asbestos claim placed on any active trial roster in this state, or brought to trial in this state, or conduct discovery in an asbestos claim in this state, in the absence of a prima facie …

Medical report - Evidence requirements. A. No person shall have a silica claim placed on any active trial roster in this state, or brought to trial in this state, or conduct discovery in a silica claim in this state, in the absence of a prima facie showing of impairment as shown …

Interpretation. A. In order to have an asbestos or silica claim placed on any active trial docket in this state, or brought to trial in this state, or conduct discovery in an asbestos or silica claim in this state, an individual must provide prima facie evidence of impairment by …

prima facie showing - Expediting mesothelioma claims. A. In any action covered by the provisions of this act, a claimant shall file together with the complaint or other initial pleading a written report and supporting test results constituting the prima facie showing required pur…

Nothing in this act is intended to, and nothing in this act shall be interpreted to: 1. Affect the rights of any party in bankruptcy proceedings; or 2. Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable clai…

plans, annuities, or life insurance, as a result of meeting this act's procedural requirements. An entity that offers a health benefit plan or an annuity or life insurance policy or contract, issued for delivery, or renewed on or after the effective date of this act, may not use …