Title 76 — Title 76 — Torts

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 45, 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, § 40.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 46, 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, § 41.

This act shall be known and may be cited as the "Common Sense Consumption Act". Added by Laws 2013, 1st Ex.Sess., c. 19, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 34, which was derived from Laws 2009, c. 228, § 43, which was held unco…

The intent of the Common Sense Consumption Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. Added by Laws 201…

misled. One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit. R.L. 1910, § 995.

As used in the Common Sense Consumption Act: 1. "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other individual, corporation, company, association, firm, partnership, society,…

Exceptions. A. Except as provided in subsection B of this section, a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food, as defined in Section 201(f) of the Federal Food, Drug and Cosmetic Act (21 U.S.C., Section 321(f)), or an associatio…

negligence. A. Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or …

for consequences of meritorious action. A. The state may indemnify private citizens, or any persons dependent upon such citizens for their principal support for any injury, death or damage sustained by such citizens or any persons dependent upon such citizens for their principal …

Should a private citizen incur personal injury, death or damage to property, as provided in the Good Samaritan Act, the private citizen or a person dependent upon such citizen for principal support may file a claim in the office of the Governor for indemnification to the extent t…

Administrative Procedures Act - Approval of claim. A. Upon presentation of any claim, a hearing shall be had before a board composed of two (2) members of the Governor's staff, as the Governor shall designate, one (1) member of the Attorney General's staff, as the Attorney Genera…

There is hereby created in the State Treasury a revolving fund for the purpose of paying claims approved under this act to be designated the Good Samaritan Revolving Fund. The fund shall be administered in accordance with standard revolving fund procedures. Added by Laws 1980, c.…

Any claim filed herein shall be filed within two (2) years of the date of injury, death or damage to property, or, if applicable, within one (1) year of the date of a final adjudication on any legal action taken by the claimant against any person responsible for the injury, death…

for safe food donation - Regulation of use - Definitions. A. Any donor who makes a good-faith donation of food which is at the time of donation fit for human consumption to a charitable organization or nonprofit corporation shall not be liable for damages in any civil suit or sub…

Immunity from civil liability. A. Any person who, in good faith and without prior compensation, renders emergency care, assistance, or advice at the scene of an accident or existing or impending disaster involving the use, handling, transportation, transmission, or storage of haz…

declared national, state or local emergency - Immunity from liability. A. A licensed architect or professional engineer who voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical or other design professional …

during natural disasters or catastrophic events. Any individual, business, church or school that renders emergency care, aid, shelter or other assistance during a natural disaster or catastrophic event shall not be liable for damages resulting from the rendering of emergency care…

A. This act shall be known and may be cited as the “Oklahoma Livestock Activities Liability Limitation Act”. B. 1. The Oklahoma Legislature recognizes that persons who engage in livestock activities may incur injuries as a result of the risks involved in such activities even in t…

As used in the Oklahoma Livestock Activities Liability Limitation Act: 1. "Engages in a livestock activity" includes training, racing, showing, riding, or assisting in medical treatment of, or driving livestock, or engaging in any agritourism activity involving livestock or on a …

A. Except as provided in subsection B of this section, a livestock activity sponsor, a participant or a livestock professional acting in good faith and pursuant to the standards of the livestock industry shall not be liable for injuries to any person engaged in livestock activiti…

Two or more persons may agree, in writing, to extend the waiver of liability pursuant to the provisions of the Oklahoma Livestock Activities Liability Limitation Act. Such waiver shall be valid and binding by its terms. Added by Laws 1999, c. 326, § 4, eff. Nov. 1, 1999.

A. Except as provided in subsection B of this section, an owner, employee, participant, member, guest or customer of a gun range, gun shop or gun club, who is acting in good faith and pursuant to the standards of the firearm industry and the duty of care under common law and gun …

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 48, 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). Now see Title 76, § 51.1.

use. The Legislature finds that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use. Added by Laws 2013, 1st Ex. Sess., c. 2, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text fo…

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 49, 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). Now see Title 76, § 52.1.

limitation. No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, b…

No association of persons who hold licenses under Section 923 of Chapter 44 of Title 18, United States Code, as in effect on January 1, 1999, is liable to any person or entity, or to the estate, successors or survivors of either, for any injury suffered, including wrongful death …

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 50, 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). Now see Title 76, § 52.2.

The provisions of this act do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from failure of firearms to operate in a normal or usual manner due to defects or negligence in design or manufacture. The provisions o…

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 51, 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). Now see Title 76, § 53.1.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 52, 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, § 57.1.

Affirmative defense. A. In a product liability action, a manufacturer or seller shall not be liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community. B. The claim that …

Liability of product sellers. A. In a product liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling…

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 53, 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, § 58.1.

When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a…

civil liability. A. 1. Any person who, in good faith and without expectation of compensation, renders emergency care or treatment outside of a medical facility by the use of an automated external defibrillator shall be immune from civil liability for personal injury which results…

Besides the personal rights mentioned or recognized under law, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations…

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 54, 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, § 90.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 55, 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, § 91.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 56, 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, § 92.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 57, 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, § 93.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 58, 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, § 94.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 59, 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, § 95.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 60, 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, § 96.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 61, 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, § 97.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 62, 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, § 98.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 63, 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, § 99.

Defamation is effected by: First. Libel; or, Second. Slander. R.L. 1910, § 2956.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 64, 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, § 100.

eff. Sept. 10, 2013. NOTE: Laws 2009, c. 228, § 65, 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, § 100.1.