Title 76, Title 76 — Torts

Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. R.L. 1910, § 992.

Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law. R.L.1910, § 4383. Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000. Renumbered from § 20 of Title 10 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2…

for recreational purposes - Limitation on liability – Definitions – Applicability of section to land and attached roads, water and structures used primarily for farming or ranching activities. A. 1. The purpose of this section is to encourage landowners to make land available to …

nonmalignant conditions and cancer. A. Notwithstanding any other provision of law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period shall not begin to run until the exposed person or claimant discovers, or throug…

EFFECTIVE DATE. The Asbestos and Silica Claims Priorities Act shall apply to all asbestos or silica claims filed on or after the effective date of this act. The Asbestos and Silica Claims Priorities Act shall also apply to any pending asbestos or silica claims in which trial has …

Any entity or individual that provides access to a safe place in times of severe weather shall not be liable for any civil damages to any person using the safe place during severe weather if the entity or individual was acting in good faith and the damage or injury was not caused…

Liability Fairness Act. SHORT TITLE. This act shall be known and may be cited as the "Innocent Successor Asbestos-Related Liability Fairness Act". Added by Laws 2013, 1st Ex.Sess., c. 22, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 72, …

DEFINITIONS. As used in the Innocent Successor Asbestos-Related Liability Fairness Act: 1. "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos,…

APPLICABILITY. A. The limitations in Section 5 of this act shall apply to any innocent successor corporation. B. The limitations in Section 5 of this act shall not apply to: 1. Workers' compensation benefits paid by or on behalf of an employer to an employee under this state's Wo…

LIMITATIONS ON SUCCESSOR ASBESTOS-RELATED LIABILITIES. A. Except as further limited in subsection B of this section, the cumulative successor asbestos-related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the tr…

ESTABLISHING FAIR MARKET VALUE OF TOTAL GROSS ASSETS. A. An innocent successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 5 of this act through any method reasonable under the circumstances, including: 1.…

ADJUSTMENT. A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of a merger or consolidation increases annually at a rate equal to the sum of: 1. The prime rate as listed in the first edition of "The Wall Street…

SCOPE OF ACT. The courts of this state shall construe the provisions of the Innocent Successor Asbestos-Related Liability Fairness Act liberally with regard to innocent successors. Nothing in this act shall be construed to limit the liability of the transferor, except to the exte…

EFFECTIVE DATE. The Innocent Successor Asbestos-Related Liability Fairness Act shall apply to all asbestos claims filed against an innocent successor on or after the effective date of the Innocent Successor Asbestos-Related Liability Fairness Act. The Innocent Successor Asbestos-…

A. As used in this section: 1. "COVID-19" means the novel coronavirus identified as SARS- CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease; 2. "Guidance" means written guidelines related to COVID-19 issued by the Centers for Disease Control and …

Limitations on liability. A. This section shall be known and may be cited as the "COVID- 19 Product Protection Act". B. As used in this act: 1. "COVID-19" means the novel coronavirus identified as SARS- CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the d…

improvements thereto – Immunity from liability. A. An owner, lessee or occupant of real property or any structures or improvements thereto owes no duty of care to keep the premises safe for entry or use by others or to give any warning of a dangerous condition, use, structure or …

board. Whenever a claim of personal injury is made against any practitioner of the healing arts or a licensed hospital, a report shall be made to the appropriate licensing board or agency by the liability insurer of such practitioner or hospital within sixty (60) days after recei…

An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plai…

Exception for inmates when threat to safety or security of self or institution. A. 1. Any person who is or has been a patient of a doctor, hospital or other medical institution shall be entitled, upon request, to obtain access to the information contained in the patient's medical…

One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. R.L. 1910, § 993.

Any person refusing to furnish records or information required in Section 3 of this act shall be guilty of a misdemeanor. Added by Laws 1976, c. 44, § 4, emerg. eff. April 8, 1976.

The standard of care required of those engaging in the practice of the healing arts within the State of Oklahoma shall be measured by national standards. Added by Laws 1983, c. 231, § 1.

Nothing in the above act shall be construed to prohibit the use of chelation therapy or any other therapy or treatment authorized by law. Added by Laws 1983, c. 231, § 2.

In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established: 1. The plaintiff sustained any injury; 2. Said injury was proximately caused by an instrumentality solely withi…

liability - Exemptions. A. As used in this section: 1. "Utility" means any person, firm, corporation, district or association, whether private, municipal, body politic or cooperative, which is engaged in the sale, generation, distribution or delivery of electricity, water or gas;…

In Sections 5 through 10 of this act, the following definitions shall apply: 1. "Professional review body" means a public or private body organized in whole or in part for the purpose of maintaining standards of conduct and competence for accountants, architects, chiropodists, ch…

of liability. A professional review body, members and staff of such professional review body and persons who contract with such professional review body shall not be liable in any way in damages under any law of this state with respect to a professional review action taken in goo…

Protection from liability. Any person who supplies information in good faith and with reasonable belief that such information is true to a professional review body shall not be liable in any way in damages with respect to giving such information to the professional review body. A…

Protection from liability in damages pursuant to Sections 6 and 7 of this act shall not extend to actions for violation of civil rights or for antitrust. Added by Laws 1987, c. 78, § 8, eff. Nov. 1, 1987.

liability. Protection from liability pursuant to Section 6 of this act shall be available only on the condition that the professional review action is taken or recommendation is made under the following requirements: A. The action is taken: 1. In reasonable belief that it will ma…

Where failure to act expeditiously may reasonably result in an imminent danger to the public or individual, a professional review body may immediately act to prevent the danger without conducting a prior hearing or giving notice provided that notice and opportunity for hearing mu…

A deceit, within the meaning of the last section is either: 1. The suggestion, as a fact, of that which is not true by one who does not believe it to be true. 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true. …

corporations - Immunity from civil liability - Limitations A. Any volunteer shall be immune from liability in a civil action on the basis of any act or omission of the volunteer resulting in damage or injury if: 1. The volunteer was acting in good faith and within the scope of th…

Provider Program. A. This act shall be known and may be cited as the “Oklahoma Health Care Access Act”. B. The State Department of Health is hereby directed to develop a plan to increase access to health care for all Oklahomans through the use of volunteers including, but not lim…

A. This section shall be known and may be cited as the "Volunteer Professional Services Immunity Act". B. As used in the Volunteer Professional Services Immunity Act, "charitable clinic" means a nonprofit entity organized for the purpose of providing health care services without …

volunteer capacity. A. As used in this section: 1. “Health care provider” means any person or other entity who is licensed, certified or otherwise authorized by the provisions of Title 59 or Title 63 of the Oklahoma Statutes to render health care services in the practice of a pro…

A. For the purposes of this section, "person" means an individual, association, for-profit or nonprofit artificial entity created under state law, religious organization, or charitable organization. B. Any person, or any agent of that person, who voluntarily and without the expec…

A. As used in this section: 1. "Food" means unserved perishable, salvageable food that has been properly preserved for human consumption; and 2. "Restaurant" means any eating establishment regardless of seating capacity including public school district cafeterias. B. Any restaura…

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…