Oklahoma

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (OKLAHOMA)

Personal Injury - 2 yrs. [12 Okl.St.Ann. § 95]

Wrongful Death - 2 yrs.  [12 Okl.St.Ann. § 1053] - 2 yrs.

Med Mal - 2 yrs. (from discovery) [76 Okl.St.Ann. § 18]

Property Damage - 2 yrs. [12 Okl.St.Ann. § 95]

Written Contract - 5 yrs. [12 Okl.St.Ann. § 95]

Oral Contract - 3 yrs. [12 Okl.St.Ann. § 95]

Contracts for Sale (goods) and Breach of Warranty - 5 yrs. (from tender of delivery) [12A Okl.St.Ann. § 2-725]

 

“Discovery rule” allows limitations in tort cases to be tolled until injured party knows or, in exercise of reasonable diligence, should have known of injury [Reynolds v. Porter, 760 P.2d 816 (Okla. 1988)]

Statutes of Repose (OKLAHOMA)

Products - None.

Construction of Real Property - 10 yrs. [12 Okl.St.Ann. § 109]

 

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (OKLAHOMA)

Against All Entities - Notice within 1 yr.; then the entity has 90 days to approve/deny the claim (during which time suit cannot be filed); Suit within 180 days from denial of the claim [51 Okl.St.Ann. §§ 156; 157]

Comparative Negligence (OKLAHOMA)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [23 Okl.St.Ann. § 13].  No reduction in strict liability products actions [Kirkland v. General Motors Corp., 521 P.2d 1353 (Okla. 1974)

Made Whole Doctrine (MWD) (OKLAHOMA)

MWD has been adopted in contract subrogation and reimbursement cases where: (1) the subrogation or reimbursement contract neither expressly sets priorities for the repayment of benefits, nor otherwise gives a right to subrogation or reimbursement before any funds are paid to the beneficiary, nor vests the plan manager’s discretionary authority to interpret ambiguous provisions of the plan; and (2) the compensation received by the beneficiary from settlement with or judgment against a third party represents less than full compensation. Under such circumstances, the subrogation and reimbursement terms of the contract will be unenforceable [Equity Fire and Cas. Co. v. Youngblood, 927 P.2d 572 (Okla. 1996)].  Insurer is not entitled to equitable subrogation until insured has been fully compensated [Fields v. Farmers Ins. Co., Inc., 18 F.3d 831 (10th Cir. 1994)]

 

In the absence of a priority-of-payment provision, a reimbursement or subrogation clause will not be enforced against Insured until the proceeds paid by Tortfeasor or other third party fully compensate Insured. Insured’s settlement of a disputed tort claim does not mean Insured has been made whole as a matter of law and that Insurer is entitled to reimbursement or subrogation [American Medical Sec. v. Josephson, 15 P.3d 976 (Okla. 2000)]

 

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (OKLAHOMA)

Recognized/applied.  No action lies in manufacturers’ products liability for injury only to product itself resulting in purely economic loss [Waggoner v. Town & Country Mobile Homes, Inc., 808 P.2d 649 (Okla. 1990)]

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (OKLAHOMA)

In any civil action for negligence where Plaintiff will be required to present the testimony of an expert witness to establish breach of the relevant standard of care and that such breach of duty resulted in the subject harm, Plaintiff must attach an affidavit attesting that: (1) Plaintiff has consulted and reviewed the facts of the claim with a qualified expert; (2) Plaintiff has obtained a written opinion from a qualified expert; and (3) on the basis of the review and consultation of the qualified expert, Plaintiff has concluded that the claim is meritorious and based on good cause [12 Okl.St.Ann. § 19.1]

Landlord/Tenant Subrogation (OKLAHOMA)

No subrogation allowed [Sutton v. Jondahl, 532 P.2d 478 (Okla. App. 1975)]

Reimbursement of Deductible(s) (OKLAHOMA)

Auto - Pro rata (must include in subro demand).  Property - No law available.

 

MedPay and PIP (OKLAHOMA)

MedPay and PIP - No subrogation allowed and/or no such coverage available.

Liability of Parents (OKLAHOMA)

$2,500 for criminal or delinquent acts [23 Okl.St.Ann. § 10].  Any negligence or willful misconduct of a minor driver with the knowledge/consent of the person who signed the application for license is imputed to the person who has signed the application [47 Okl.St.Ann. § 6-107]

Joint Liability (OKLAHOMA)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability) [23 Okl. Stat. § 15]

Independent Cause of Action for Evidence Spoliation (OKLAHOMA)

Neither spoliation of evidence nor prima facie tort (for acts constituting spoliation of evidence) has ever been recognized as actionable [Patel v. OMH Medical Center, Inc., 987 P.2d 1185 (Okla. 1999)]

Conflicts of Law (OKLAHOMA)

Torts - Rights and liabilities of parties with respect to a particular issue in tort should be determined by the local law of the state which, with respect to that issue, has the most significant relationship to the occurrence and the parties [Brickner v. Gooden, 525 P.2d 632 (Okla. 1974)].  Contracts - Will be governed by the laws of the state where the contract was entered into, unless otherwise agreed or unless contrary to law or public policy of the state where enforcement of contract is sought [Williams v. Shearson Lehman Bros., 917 P.2d 998 (Okla. App. 1995)].