Hiltgen & Brewer, P.C.

Do you owe a duty of care to injured trespassers?

2026-06-03T07:03:01Z

Someone walks onto your business property without permission, suffers an injury and later names the building as the cause. The situation raises an uncomfortable question for any owner: does an uninvited visitor have a claim against you?

Standards that govern trespasser injuries

Under Oklahoma law, the duty owed to a person who enters without permission is narrow. You are not required to maintain the premises in a safe condition for a trespasser, and you generally bear no liability for an injury that befalls one, provided you do not intentionally or wantonly cause them harm, or set hidden traps. The courts base this standard in practicality. The law does not expect you to maintain your property for visitors whose presence you have no reason to anticipate, and that expectation typically changes once you become aware that someone is present.

Exceptions that broaden owner responsibility

The limited duty owed to trespassers has recognized exceptions, and situations involving minors are the most significant. Property features that tend to draw young children, such as a swimming pool or unsecured equipment, can change the analysis even when a child enters without invitation. When a hazard is man-made and a child may not recognize the danger, an owner who could reasonably expect that presence may need to take protective steps such as installing a barrier. Courts weigh the cost of addressing the risk against the seriousness of the harm a child could suffer. Established patterns of entry can also raise the level of care owed to adult trespassers. If people routinely cross a defined area and you know about it, a court may look more closely at whether you addressed a hidden danger in that space.

Defenses that limit legal exposure

Should an injured trespasser pursue a claim, the legal status that limited your duty serves as your initial line of defense. You may demonstrate that the individual entered without permission and that your conduct remained within the narrow boundary the law establishes. The injured party's own conduct is also material to the analysis. Oklahoma reduces or bars recovery when the person seeking damages bears partial responsibility for the harm, and evidence that the individual scaled a fence or disregarded a posted warning may substantially affect the result. Open and obvious dangers provide an additional basis for defense. When a risk is sufficiently apparent that a reasonable person would recognize and avoid it, that visibility can weaken the contention that you should have done more. These defenses depend heavily on the specific facts, which is why prompt documentation is valuable. Legal representation can help you with which option best suits your case.

Is a business liable if someone is attacked on the property?

2026-02-26T13:09:22Z

You are not automatically liable when someone commits a crime on your property. Oklahoma law does not treat you as the guarantor of every customer’s safety, even when a serious incident happens. Instead, liability turns on a few specific factors.

Was the attack reasonably foreseeable?

Liability often comes down to whether there were signs that this could happen. Prior fights, repeated disturbances or ongoing complaints about aggressive behavior can show that a risk was building. For example, if several altercations already happened in a parking lot and nothing changed, that history matters. But if the assault was sudden and there were no earlier warnings, it becomes much harder to argue that you should have seen it coming.

Were reasonable security measures in place?

Responsibility often turns on whether your security matched the risk. When prior incidents exist, working lighting, active camera systems and visible staff presence in known problem areas carry weight. You do not have to guarantee safety, but you must take practical steps once the risk becomes clear.

Did the business create or ignore the risk?

Risk increases when warning signs get brushed aside. Repeated incidents, broken security features or ongoing disturbances create a record that can work against you. Addressing those issues early helps prevent a bad situation from turning into a stronger claim.

Reduce exposure before a claim develops

If an assault happens on your property, act quickly. Gather your records, save any video and review what steps you already had in place. Getting legal guidance early can help you understand your risk and respond the right way.

Why proper employee classification matters in wage claim charges

2025-12-05T16:07:38Z

Imagine receiving a wage claim notice and discovering that your defense hinges on one critical question: Is the person who filed it actually your employee? In Oklahoma wage claim cases, the classification of a worker as either an employee or an independent contractor is crucial. This distinction decides whether the claim is valid under state law. Thus, understanding how to accurately classify workers is the critical first step in assessing whether a wage claim is legally enforceable.

Understanding employment classification

So how do you make this critical determination? First, you need to evaluate several factors when classifying workers. These factors include:

The level of control you exercise over their work
The permanency of your working relationship
The provision of tools and equipment for working

This classification is important because it outlines your legal duties. When wage claims occur, courts look closely at these factors to see if the worker can legally file a claim. So, who can legally file these claims against you?

Who can file wage claim charges against you?

Typically, only employees can file wage claims under state labor laws. Independent contractors and freelancers operate under different legal frameworks. Thus, they work under contracts that govern payment disputes differently. This distinction protects you from certain types of claims when you correctly classify workers as independent contractors. Beyond just avoiding claims, proper classification delivers tangible benefits to your bottom line.

How proper employee classification can save your business

Correct classification isn't just about legal protection, but it also shields you from wage claims and brings financial perks. Hence, properly identifying employees and independent contractors offers you these three main benefits:

Income tax compliance: You maintain proper withholding practices by deducting taxes only for actual employees.
Payroll tax and benefit savings: You reduce costs by providing mandatory benefits exclusively to employees.
Double jeopardy avoidance: You prevent facing both the original wage claim and additional penalties for misclassification.

These protections add up to substantial savings and reduced legal exposure. However, navigating these classifications on your own can be complex and risky.

How a legal counsel can help

Protecting your business begins with getting the basics right. Understanding how to classify employees might seem confusing, but a lawyer can assist you. They can check your current worker classifications to ensure they follow Oklahoma labor laws. They'll also help create clear policies to protect you from expensive wage claims later on. Taking this proactive step can provide peace of mind and help secure your business operations.

Why waiver of subrogation matters for Oklahoma businesses

2025-09-08T08:49:15Z

In Oklahoma, you face risks tied to accidents, property damage and workplace events. Your insurance may cover losses. However, a waiver of subrogation can alter who pays back costs. Because of this, you may encounter results that affect both claims and business disputes.

Contractual role of waiver of subrogation

A waiver of subrogation clause appears in contracts such as construction projects, leases and vendor agreements. It states that after your insurer pays for a covered loss, the insurer may forgo repayment from another party named in the agreement. In turn, this language can limit disputes with contracting sides and ease conflict over responsibility. Each agreement may phrase the waiver differently, so review the wording closely. Such terms can help maintain steady relations while insurance addresses the cost.

Practical impact of waiver of subrogation

In Oklahoma, your business may experience practical outcomes from a waiver of subrogation, such as:

Reducing disputes by limiting insurer recovery efforts
Lowering expenses tied to reimbursement demands
Preserving ties with contractors, tenants or partners
Supporting quicker claim resolution without long delays

These outcomes differ by industry, contract form and details of the loss. Often, the clause can shift repayment away from business partners. This change can encourage insurance companies to handle payments rather than prolonging conflicts. Over time, you may gain a more predictable claims process and less disruption to daily operations.

Oklahoma business perspective on subrogation

Waiver of subrogation can extend beyond the terms of the contract. In Oklahoma, it can shape financial and relational outcomes across your business dealings. By noting its role in agreements and its possible results, you can see how insurance interacts with your commercial ties. Ultimately, this clause may not resolve every dispute, yet it can provide guidance for claims and continuity. Contract language can carry complexity; you may wish to speak with an attorney familiar with Oklahoma insurance matters. A conversation can give you perspective on how this clause applies to your situation.

3 times employee actions may affect workers’ comp eligibility

2025-06-11T23:30:43Z

Carrying workers’ compensation coverage is mandatory for most employers. The coverage available indemnifies the business if workers get hurt on the job. Coverage also protects employers from liability for medical conditions related to a worker’s employment. Cancer or carpal tunnel syndrome could be the result of an employee’s job functions. Most businesses are simply grateful to have workers’ compensation coverage available when workers sustain injuries or get diagnosed with major medical conditions. The business avoids direct financial liability for medical costs and lost wages by providing workers’ compensation coverage. However, sizable claims can increase what the company pays for coverage. If employers believe that workers intend to manipulate the system, they may choose to respond assertively to a benefits claim. Typically, workers’ compensation provides no-fault coverage regardless of what led to an injury or an illness. However, sometimes, fault can play a role in a company's response to a claim. In the three scenarios below, a worker’s actions may affect their eligibility for workers’ compensation benefits.

1. Chemical intoxication at work

Employers typically require that workers submit to drug and alcohol testing after sustaining injuries on the job. If the worker fails the test, then the employer may be able to use that to defend against the claim. If an employer can show that impairment was the proximate cause of the worker’s injuries, then they may not be eligible for workers' compensation.

2. Medical non-compliance

Employees generally have an obligation to follow the medical recommendations of the doctor overseeing their treatment. The failure to follow a treatment plan could lead to a delay in recovery. Patients who refuse to undergo surgery, for example, might not make a full recovery. If the worker’s continued need for medical care or inability to work relates to their refusal to undergo treatment, then that could affect their eligibility for ongoing benefits.

3. Intentional injuries

Maybe a worker asked for vacation time that the employer didn't approve. They might then stage an incident to justify taking a leave of absence because of their injuries. There are many scenarios in which employers could potentially show that a worker hurt themselves on purpose to claim benefits. Fault does not matter if a worker hurts themselves through negligence or mistakes on the job, but it does matter if they hurt themselves intentionally. Employers attempting to navigate a complex workers’ compensation claim may need assistance evaluating the situation and determining reasonable solutions. Seeking support when handling workers’ compensation claims and other employee-related matters can help businesses control their operating expenses.

Tips for defending against breach of contract claims in construction

2025-03-19T22:32:55Z

In the bustling construction world, agreements form the backbone of every project. Disputes arise when one party alleges that another has not met their contractual duties, leading to delays and financial losses. Therefore, it's crucial to understand how to defend against breach of contract claims in construction.

Understanding Construction Defect Claims

Construction defect claims are common in the industry. They typically involve allegations that a builder or contractor did not adhere to:

Agreed-upon plans
Specifications
Contractual terms

When defending against these claims, it is essential to understand the doctrine of substantial performance. This legal principle suggests that if a builder has made a reasonable effort to complete a project, even if some aspects are imperfect, the contract may still be considered complete.

Practical tips for defense

To effectively defend against breach of contract claims, you can employ several practical strategies. First, maintain thorough documentation throughout the construction. This includes keeping detailed records of all communications, contracts, change orders and any deviations from the original plans. Additionally, consider obtaining expert testimony. Construction experts can provide valuable insights and opinions regarding the quality of work performed and whether it meets industry standards. Negotiation is another powerful tool in resolving breach of contract claims. Engaging in open and constructive dialogue with the opposing party can lead to mutually agreeable solutions, avoiding costly and time-consuming litigation.

The importance of legal assistance

While these strategies can be effective, seeking legal assistance is often advisable. Construction law can be complex, and having an experienced attorney by your side can make a significant difference. Attorneys specializing in construction law understand the industry's nuances. They can help you assess the strength of your case, navigate negotiations, and represent your interests in court if necessary.

How carriers can address bad faith insurance disputes

2025-01-02T14:49:48Z

Bad faith insurance disputes arise when policyholders claim that insurance companies do not act in good faith to honor a claim. Insurance companies have a duty to treat their policyholders fairly and to address claims promptly and reasonably. However, sometimes insurers are accused of delaying payment, denying valid claims or offering less compensation than what is fair. When this happens, it can lead to a bad faith insurance dispute. These disputes can frustrate policyholders who rely on insurance to cover losses or damages. On the other hand, carriers may deny the claim because they are adhering to the policy’s guidelines.

Common defenses used

Regardless of the policyholder's claim, insurers can defend their actions. The following are five commonly used defenses:

Reasonable basis for denial: Insurance companies might argue that they had a legitimate reason to deny the claim. They may point to policy exclusions, lack of coverage or insufficient evidence as grounds for their decision.
Misrepresentation or fraud by the policyholder: Insurers often claim that the policyholder provided false information or engaged in fraudulent activities. They argue that since the policyholder was not truthful, the carrier was right to deny the claim.
Failure to cooperate: Insurance companies may defend their actions by stating that the policyholder did not cooperate during the claims process. It could include not providing necessary documents or failing to attend required examinations.
Policy limitations: Insurers may argue that the policy clearly outlines certain limitations and exclusions and that the claim falls within those boundaries. They maintain that they adhere to the terms agreed upon by both parties.
Pre-existing conditions: In health or disability claims, insurers might deny a claim by stating that the condition existed before the policy was in effect.

Other, rarer circumstances may also arise.

How to resolve a bad faith insurance disputes

When a policyholder files a bad faith insurance dispute, there are several ways to address it. One standard method is litigation, where the policyholder sues the insurance company. This process involves taking the matter to court, where a judge or jury will decide the outcome. Alternatively, the two sides can use arbitration or mediation, which are less formal and often quicker. Arbitration involves a neutral third party who reviews the case and makes a binding decision. Conversely, mediation consists of a mediator who helps both parties reach a mutually agreeable solution.

Insurance defense is a specific area of law

An attorney with a background in insurance defense can help resolve these matters. Each claim involves at least slightly different circumstances, and interpreting the policy to address the claim can be difficult, as different parties may have different understandings. The lawyer can also investigate the incident and gather additional information to better understand the truth. They can also convincingly present their arguments.

The role of arbitration agreements in class action employment lawsuits

2024-09-09T17:07:25Z

Arbitration agreements in employment contracts have become a significant topic of discussion, particularly in the context of class action lawsuits. These agreements typically require employees to resolve disputes through arbitration rather than the court system, and they often include provisions that prohibit employees from participating in class action lawsuits. Here is a comprehensive look at arbitration agreements in class action employment lawsuits.

What are arbitration agreements?

Arbitration agreements are clauses in employment contracts that require disputes between the employer and employee to be resolved through arbitration, a private dispute resolution process, rather than litigation in court. Arbitration is typically faster, less formal, and less costly than traditional court proceedings. However, it also means that the parties waive their right to a jury trial and to appeal the arbitrator’s decision in most cases. Many arbitration agreements include class action waivers, which prevent employees from joining together to file a class action lawsuit against the employer. Instead, each employee must individually arbitrate their claims. Employers favor these waivers as they reduce the risk of lengthy, costly class action lawsuits and can limit potential liability.

Legal landscape and enforceability

Arbitration agreements and class action waivers have been a contentious legal issue. The Federal Arbitration Act (FAA) generally supports the enforcement of arbitration agreements, including those with class action waivers. However, state laws and court decisions have sometimes challenged their enforceability, mainly when they deem a contract to be unreasonable or when it conflicts with state-specific labor protections. Certain claims, such as sexual harassment or assault, cannot be resolved through arbitration and must be brought directly to court. Employers should seek legal advice to navigate these complexities carefully, balancing the benefits of arbitration with the need to maintain fair and transparent employment practices. Arbitration agreements in class action employment lawsuits are a powerful tool for employers but come with significant legal and ethical considerations. While they can provide efficiency, cost savings, and confidentiality, they also raise concerns about employees access to justice.

What should business owners know about the “open and obvious” hazard premise liability defense?

2024-06-12T21:24:06Z

Imagine a typical day for a shopper entering a popular retail store. The fluorescent lights illuminate neatly arranged aisles, and the air hums with activity. The patron navigates the store with purpose, shopping list in hand. But as the shopper rounds a corner, their foot catches on a frayed carpet edge. The shopper stumbles, crashing into a display of glassware. Shards scatter across the floor, and the shopper’s hand bears a deep cut. The hazard in this scenario — a frayed and uneven carpet — was unmistakable, yet the injury occurred. How does the law address such situations? Welcome to the complex world of “open and obvious” hazards in premises liability claims.

What is an “open and obvious” hazard?

An “open and obvious” hazard refers to a dangerous or unsafe condition on a property that is readily noticeable or easily discoverable by a reasonable person. When such hazards exist, property owners or controllers may argue that they had no duty to warn visitors about them because the risks were apparent. An unsafe condition poses an unreasonable risk of harm to individuals. Property owners generally owe a duty of care to maintain their premises free of unsafe or dangerous conditions. They must repair hazards, protect against harm, or provide adequate warnings if they knew or should have known about the condition. If a hazard is so obvious that a person could reasonably be expected to notice it, the owner/controller need not warn others about it. This defense to a premise liability claim is a recharacterization of the former assumption of risk doctrine, treating it as contributory negligence. Essentially, if the plaintiff saw or should have seen the hazard, fault lies with them for “assuming the risk.”

Are there exceptions to this rule?

Although this can serve as a defense strategy for premise liability claims, a word of caution. Like everything in the legal world, the application depends on the details of the case. Obviousness does not always fully absolve the defendant of all liability. While it often can negate the duty to warn, it does not necessarily negate the duty to remedy. As a result, owners must take reasonable steps to address the hazard even if it is open and obvious. Although this is a deeply established legal precedent within Oklahoma, the law does evolve. As such, it is important to seek legal counsel to better ensure proper application of this defense strategy to your claim.

Comparative negligence, premises liability defense

2024-04-01T19:38:27Z

If you own property in Oklahoma, you have a duty of care to keep visitors and guests safe. As a business owner, for example, if there’s a parking lot available for your customers, you must keep it adequately lit at night. If you have insufficient lighting, and someone trips and falls and suffers injury, he or she may try to hold you accountable for damages by filing a premises liability claim in court.

Even if you don’t own a business but do own property, the same rules apply. Perhaps you might invite guests to your home for a party. Someone trips on a broken step outside your front door. The person suffers from a bone fracture. This type of situation often leads to litigation. In any event, whether you own a business or not, if you own property, you’ll want to know how to defend yourself against a premises liability claim.

A premises liability defense strategy

Many people are partially (or fully) responsible for their own accidents and injuries. You should not be 100% liable for damages if the person who suffered injuries was culpable for damages as well. An example of this might be someone falling over a large and clearly visible object. If the court determines that the average person would have recognized a potential hazard and took steps to avoid it, then a comparative negligence ruling may apply.

Comparative negligence is a premises liability defense. It means that the plaintiff who filed the claim was, in fact, partially at-fault in the accident that caused injury. If someone files a claim against you or your business, and you can prove that he or she was negligent, the court might order a reduction of compensation to the plaintiff. If his or her negligence was greater than yours, the plaintiff might not collect damages at all.

Unjust claim settlements

Frivolous lawsuits or unjust claim settlements can drain the resources of even the most successful Oklahoma businesses. If you own a prominent business in your community, negative press regarding a case against you might damage your reputation, which, in turn, can affect your customer base. People tend to believe what they hear on TV or read in the news, even if it’s not true.

Protecting the bottom line is always a priority. It would be a grave mistake to walk into court not knowing your rights or understanding Oklahoma premises liability laws. Instead, it’s best to learn as much as you can ahead of time, so that you can build a strong defense and achieve the most positive outcome possible.