Oklahoma Injury Lawyer Blog

The Oklahoma Supreme Court has recently ruled that Oklahomans have a constitutional right to sue jails when they believe that excessive force was used against them. The ruling may have a large impact on county jails, as well as Oklahoman taxpayers.

The decision came on the heels of a video released from the Cherokee County Jail. In the video, guards attacked and severely injured handcuffed prisoner Daniel Bosh. The video, which was viewed by millions, shows the guards slamming Bosh's head into a counter and then knocking him onto the ground.

Bosh later filed a lawsuit against the guards, as well as the jail. At the time, Oklahoma statutes protected jails from such lawsuits. According to Bosh's attorney, "These people were protected by something the legislature had put in called the Oklahoma Governmental Tort Claims Act, which had provided immunity for certain people doing certain actions, as long as they were acting within their job."

The Oklahoma Supreme Court's ruling applies to those who are in jail but have not been convicted for a crime. It may be applied retroactively to those lawsuits that were filed after Bosh initially filed his in 2011.

Recently, Oklahoma State Senator Patrick Anderson proposed new legislation that would allow Oklahoma municipalities to pass ordinances banning residents from owning certain kinds of dogs. It has now been reported that Anderson has abandoned his proposal.

As Senator Anderson previously explained, "Under current law, it is illegal for communities to pass ordinances that would prohibit the ownership of certain breeds of dogs within their community." Had the proposal become law, cities, towns, and incorporated areas would have been able to ban any dog breeds they wished.

The bill was met with strong opposition early on. Many believed that the bill would have a devastating impact on pit bulls and their owners. According to Anderson, "Most of the discussions I have ever had about the topic center around pit bulls." Staff at various animal shelters were opposed to the bill because they believed that it would make it difficult to find homes for pit bulls and pit bull mixes.

Others believed that the bill would be ineffective, because irresponsible dog ownership is the leading cause of biting dogs. Jean Letcher, manager of Tulsa Animal Welfare, believed that the measure would provide Oklahomans with a false sense of security, as dog breed alone is not determinative of behavior problems.

In the past 48 years, 18 Oklahomans have died from dog bite injuries. Nationwide, 4.5 million Americans are bitten by dogs every year. In light of these alarming statistics, a recent article in The City Sentinel, discusses the three important factors in reducing dog bites: (1) public education, (2) humane care, and (3) socialization.

A recent National Canine Research Council ("NCRC") report encourages dog owners to educate themselves on the importance of caring for and controlling dogs in a humane way. This study revealed that the number of dog-bite injuries nationwide dropped as more states enacted and enforced leash laws.

The report further showed that, in most cases, the biting dog was abused and neglected by its owner. Such abuse and neglect includes isolating the dog, confining it with a chain, and ignoring medical problems. According to the NCRC, one in three dog owners of those dogs that bit a person in 2011 was charged with a crime such as manslaughter, criminally negligent homicide, and endangering the welfare of a child.

According to Central Oklahoma Humane Society president Christy Counts, "The evidence is overwhelming that proper socialization as well as spaying/neutering is critical to maintaining a safe population of dogs in our community. Chained up dogs and backyard dogs not included in daily family life quickly become a hazard to public safety."

Recently, the Oklahoma Senate Judiciary Committee approved Oklahoma Senate Bill 931, which would limit premises liability for agritourism professionals within Oklahoma. The bill was sponsored by Sen. Ron Justice and Rep. Scott Biggs, both of whom are Oklahoma agritourism professionals.

Under the bill, agritourism professionals such as Justice and Biggs could not be held liable if and when participants in their services suffer from injury or death based on the inherent risks of such activities. In order to secure this protection, agritourism professionals will have to prominently post warnings on their premises.

According to Justice, "Oklahoma farmers and ranchers offer many agritourism activities like petting farms, horse riding, corn mazes and hay rides that families enjoy. Unfortunately, there are some inherent risks with such activities but being that people willingly participate in them knowing the risks, they shouldn't be allowed to sue the owner if something happens."

Agritourism activities are those that occur on a farm or ranch, and allow the public to view or participate in agricultural activities such as farming and ranching. Under the bill, if a facility owner is sued based on an agritourism injury or death, assumption of risk will be available as an affirmative defense to the professional.

This sounds like a good idea at first, but the reality is that this already happens for inherent risks (and thus preventing any recovery to sue). There's an "assumption of risk" for just about any activity. Correctly, consumers can sue for their injuries that take place outside the scope of the general risks.

The Eleventh Circuit Court of Appeals recently reversed a trial court's grant of summary judgment to an employer in a lawsuit brought under the Age Discrimination in Employment Act. In the case, the employer presented evidence that, although the supervisor who fired her stated that she was terminated for violating company policy, she had done nothing wrong. Nevertheless, the employer is expected to pay a six-figure amount to settle the case.

According to a recent article in Forbes, giving false reasons for firing employees is not uncommon. Employers routinely give false reasons for firing employees, even when the true reason is perfectly legal, because the true reason is difficult to deliver. For example, it is much easier to tell a subordinate that they broke company policy, than that his customers have turned in numerous negative reviews for him.

This tends to become problematic if the employee later files a lawsuit against the employer, because the employer cannot have the case dismissed in its early stages if the reason for termination is questionable. Oklahoma state law protects employees from being wrongfully terminated based on discrimination, therefore a jury would have the opportunity to decide whether they think some sort of discrimination was the reason for the termination.

Provided that an employee is fired for lawful reasons, the best way to prevent future lawsuits from terminated employees is to provide the true reasons for termination. Although this may provide for an uncomfortable meeting, it will avoid the bad publicity a prolonged lawsuit may cause. It could also save your company thousands or even millions of dollars in an unfavorable verdict.

In the wake of proposed legislation that would allow Oklahoma municipalities to ban ownership of certain kinds of dogs, Oklahoman dog owners may be more interested than ever in learning how to properly train their dogs. In a recent interview published in Forbes, the world's most respected authority on dog training and behavior, Dr. Ian Dunbar, offers suggestions on how dog owners can best train their pets.

According to Ian, dogs have three problems: manners, behavior, and temperament. These problems, he believes, are best dealt with at an early age. When owners have small puppies, Dunbar uses a "visualization process" to help owners understand that puppies cannot be allowed to do things that would be unacceptable if adult dog did them.

The visualization process begins with "showing them [dog owners] the cutest puppy . . . Underneath is a bladder and bowels and teeth. He's deceptively cute . . . And I show them a picture of an adult dog's mouth . . . Everything your puppy does, I want you to visualize him doing that as an adult animal." Preventing unwanted behavior when dogs are young is easier and more successful than curing unwanted behavior in adult dogs.

Importantly, dog owners need to remember that dog training is not a once-a-week event. Owners should be constantly training their dogs, and if they choose to go to training classes, that is a place for a trainer to review the owner's progress.

If you are currently looking for a reputable dog trainer, Dr. Dunbar suggests consulting the Association of Pet Dog Trainers. At their web site, you can search dog trainers by zip code.

Oklahoma law imposes a statute of limitations on medical malpractice claims, which essentially means that if you do not bring a malpractice claim within a specified amount of time, you will be barred from bringing that claim forever.

According to Okla. Stat. Ann. Tit. 76, §18, claimants who wish to file claims for damages against a physician, health care provider, or hospital are subject to a two-year statute of limitations. For this particular statute of limitations, the time begins to run not at the date the alleged injury occurred, but rather on the date that the claimant "knew or should have known, through the exercise of reasonable diligence, the existence of the death, injury, or condition complained of." Wrongful death actions are subject to the two-year statute of limitations as well, according to Okla. Stat. Ann. Tit. 12, §1053.

Oklahoma Senator Patrick Anderson is currently proposing a law in an attempt to reduce the number of people who are bitten by dogs in Oklahoma. The law, titled Senate Bill 32, would allow municipalities within the state to ban residents from owning specified breeds of dogs. It is currently illegal for Oklahoma municipalities to prohibit dog ownership based on breed.

Senator Anderson believes the bill will protect citizens from dangerous dogs. The article suggests that some dog breeds, namely pit bulls, are more likely to be banned than others. According to Senator Anderson, "[The bill] doesn't specifically target pit bulls, but it says a community can choose to ban a specific breed if they choose to do so. Most of the discussion I have ever had about the topic center around pit bulls."

The bill has already spurred strong opposition. Of the bill, Tulsa Animal Welfare Manager Jean Letcher has stated, "It's a step backwards for us. You're going basically on appearance [when you ban the breeds]." Staff at the Tulsa Animal Shelter, who already work long hours to care for and find homes for pit bulls and pit bull mixes, are also opposed to the proposed law.

For a good example on why cities should "punish the deed, and not the breed," check out Pit Bulls & Parolees on Animal Planet. It's shocking to see how bad people can treat dogs. Surprisingly (or not if you've watched very many of the episodes), is that the dogs still come out loving people.

If the legislature passes the bill, it will only need the signature of Governor Fallin to become law.

In November of 2011, a Booker T. Washington High School student known as S.C. was changing out of her uniform in a school locker room following a basketball game. At some point, a teammate grabbed and restrained the girl long enough for another teammate to photograph the girl in her underwear. The photograph was later posted to popular social networking website, Twitter.

As the Huffington Post reports, S.C.'s parents have now filed suit against several defendants, including the Tulsa Public Schools, Twitter, and parents of the students who took and posted the pictures. According to mother DeAnn Cooks, the incident has caused her daughter to suffer severe taunting, as well as physical harassment at her high school.

Cooks further alleges that when she complained to officials at the High School, they informed her that there was nothing they could do, and further requested that she cease discussing the incident because if she did not, she would "make the school look bad to the Tulsa Public School District Administrators."

The lawsuit asks for $75,000 in damages from the defendants. Furthermore, the lawsuit alleges that the girls who took the photos committed intentional infliction of emotional distress, assault, battery, and invasion of privacy. The girls' parents are being sued for negligence.

After an Oklahoma jury found that a carbon-fiber-enhanced Louisville Slugger bat was responsible for the injuries sustained by a 15-year-old pitcher, a federal court has thrown the decision out. According to the court, there was "no basis for a reasonable jury to find that the bat had 'dangerous characteristics.'"

As reported by Forbes, attorneys in various states have been able to show that baseball bats made out of aluminum are more dangerous than those made from wood. This is because the aluminum bats can launch a faster ball. In the opinion, the judge states, "Plaintiffs assert that a bat that hits the ball too fast is unacceptable."

Jurors agreed with this assertion last December, when they ordered Louisville Slugger manufacturer Hillericn & Bradsby to pay $871,000 to injured pitcher Dillon Yeamon, and another $80,095.85 to his parents. Yeamon's face was shattered when he was hit with a line drive. The new decision asserts that attorneys for the plaintiffs did not conclusively establish that the bat itself was the cause of Yeamon's injuries. The attorneys were unable to show that the bat displayed any measurable characteristic that made it defective.

The difference between the bats? About 64 milliseconds. According to WolframAlpha, that's the average length of a human blink of an eye.

The Oklahoma Senate has an upcoming vote on SB 272. The bill was originally proposed to deal with relationships with car dealers and car manufacturers.

The bill was recently amended to incorporate a "no pay, no play" section for consumers. Basically, if you don't have car insurance, and you are in an accident that is not your fault, your pain and suffering damages are zero.

Guess who benefits from this type of legislation? The people that are funding it: insurance companies.

Today's front page of the Oklahoman has a nice article on the upcoming attorney general election: Oklahoma Elections 2010: Experience, federal government at issue in attorney general race.

The Attorney General of Oklahoma serves as the chief legal and law enforcement officer of our state. The two candidates are Scott Pruitt and Jim Priest.

So, should our attorney general actually have courtroom experience?

Here's a brief quote from the article:

"You don't start the case by saying we're going to litigate this to a verdict. You start a case and litigate it to an objective," said Pruitt, who as an attorney often settled cases out of court.

Court records show Priest has handled more than 500 cases as an attorney in state district courts and federal courts, compared to the 50 cases Pruitt has handled in those courts.

To be fair to Pruitt, most cases settle.

Yesterday's NY Times posted some interesting statistics on Insurers Feeling Pain of Dog Bites.  The average dog bite claim exceeds $24,000 and claims are up 4.8% nationwide. 

Dog bite law in Oklahoma pretty straightforward.  The owner of the dog is liable for any of the damages if:

1. The attack was without provocation; and
2. The victim had a lawful right to be there

If anyone is interested, the actual statute is here: Owner Liable for Damages from Dog Bites, 4 O.S. § 42.1.

One of the recent changes to our tort system is that, to file a medical malpractice case, an expert affidavit has to be attached to the Petition. The attorney must attest that:

1) Plaintiff has consulted with a qualified expert
2) Plaintiff has obtained a written opinion from the expert and that the expert believes that a reasonable interpretation of the factors supports a finding of professional negligence
3) Based on the consultation with the expert, plaintiff believes the claim is meritorious and based on good cause.

The law goes into effect November 1, 2009.
Here's the full statute: 12 O.S. § 19 . Professional Negligence Action - Expert Opinion Affidavit Requirements - Exemption

This is good news for Oklahoma attorneys:

Court filings from each of the state's 77 counties will be available to the public online for free in the next three years under a plan being pursued by the Oklahoma Supreme Court.
The court has signed a $1 million contract with a Duncan company to prepare electronic court records from 64 counties to merge into one publicly available online system, Chief Justice James Edmondson said Wednesday.
"It's time to get in gear with a 77-county, integrated system," Edmondson said. "So we'll have one system that's state of the art and a uniform case management system for the entire state."
The new system should be operational by summer 2012, if funding is available, he said.

So, if funding is available, this will be really convenient. What I'd really like: allow us to file electronically like we can in federal court.

Currently, filings are available on The Oklahoma Supreme Courts Network Dockets Page. It's really hit or miss if the documents are accessible online though.