Oklahoma Statutes
Title 76. Torts
§76-40. Definitions.

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, joint-stock company, or any other entity, including any governmental entity or governmental officer, or private attorney; and
2. "Knowing and willful violation" means that:
Added by Laws 2013, 1st Ex.Sess., c. 19, § 4, emerg. eff. Sept. 10, 2013.
NOTE: Text formerly resided under repealed Title 76, § 36, which was derived from Laws 2009, c. 228, § 45, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox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).

Structure Oklahoma Statutes

Oklahoma Statutes

Title 76. Torts

§76-1. Rights of others must be respected.

§76-1.1. Parent or child not answerable for other's act.

§76-2. Damages for deceit.

§76-3. Deceits defined and classed.

§76-4. Deceit upon the public deemed deceit of any individual misled.

§76-5. Responsibility for negligence - "Good Samaritan Act".

§76-5.1. Indemnification of private citizens or their dependents for consequences of meritorious action.

§76-5.2. Filing of claim.

§76-5.3. Hearing - Board and composition - Application of Administrative Procedures Act - Approval of claim.

§76-5.4. Good Samaritan Revolving Fund.

§76-5.5. Limitation of actions.

§76-5.6. Food donations - Civil and criminal liability – Options for safe food donation - Regulation of use - Definitions.

§76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.

§76-5.8. Voluntary architectural or engineering services following declared national, state or local emergency - Immunity from liability.

§76-5.9. Immunity from liability for emergency assistance provided during natural disasters or catastrophic events.

§76-5A. Emergency use of automated defibrillator - Immunity from civil liability.

§76-6. General rights of persons.

§76-7. Defamation.

§76-8. Wrongs against personal relations.

§76-8.1. Alienation of affections or seduction - Civil action - Abolition.

§76-9. Right to use force.

§76-10.1. Landowners encouraged to make land available to public for recreational purposes - Limitation on liability – Definitions – Applicability of section to land and attached roads, water and structures used primarily for farming or ranching acti...

§76-16.1. Unauthorized use of or entry upon real property or improvements thereto – Immunity from liability.

§76-17. Medical malpractice - Reporting of the claim to licensing board.

§76-18. Limitation of action.

§76-19. Access to medical records - Copies - Waiver of privilege - Exception for inmates when threat to safety or security of self or institution.

§76-20. Refusing to furnish records - Penalty.

§76-20.1. Healing arts - Standard of care.

§76-20.2. Chelation or other authorized therapy not prohibited.

§76-21. Presumption of negligence.

§76-23. Public utilities - Definitions - Fraud - Penalties - Civil liability - Exemptions.

§76-24. Definitions.

§76-25. Professional review body, staff and personnel - Limitation of liability.

§76-26. Persons supplying information to professional review body - Protection from liability.

§76-27. Limitations on liability - Extent.

§76-28. Professional review body - Requirements for protection from liability.

§76-29. Emergency exception from notice and hearing requirement.

§76-31. Volunteers, charitable organizations, and not-for-profit corporations - Immunity from civil liability - Limitations

§76-31.3. Oklahoma Health Care Access Act - Volunteer Health Care Provider Program.

§76-32. Volunteer Professional Services Immunity Act.

§76-32.1. Liability for physician or health care provider acting in volunteer capacity.

§76-33. Immunity from liability - Application.

§76-38. Short title - Common Sense Consumption Act.

§76-39. Intent of act.

§76-40. Definitions.

§76-41. Weight gain or obesity civil liability restricted - Exceptions.

§76-50.1. Short title – Legislative intent - Construction.

§76-50.2. Definitions.

§76-50.3. Scope of liability.

§76-50.4. Waiver of liability.

§76-50.6. Gun ranges and gun clubs - Liability.

§76-51.1. Legislative findings – Injuries from unlawful firearm use.

§76-52.1. Firearm manufacturer, distributor, or seller liability limitation.

§76-52.2. Association of licensed persons liability limitation.

§76-53.1. Exceptions to liability limitations.

§76-57.1. Product liability for inherently unsafe products - Affirmative defense.

§76-57.2. Rebuttable presumptions – Grounds for rebutting – Liability of product sellers.

§76-58.1. Subsequent measures not admissible - Exceptions.

§76-80. Safety of premises - Liability to trespasser.

§76-80.1. Liability and vicarious liability for damages while trespassing.

§76-81. Short title - Personal Injury Trust Fund Transparency Act.

§76-82. Definitions.

§76-83. Required disclosures by plaintiff.

§76-84. Discovery - Use of materials.

§76-85. Scheduling trial - Stay of action.

§76-86. Defendant's identification of additional or alternative personal injury trusts.

§76-87. Valuation of personal injury trust claims - Judicial notice.

§76-88. Setoffs - Credits.

§76-89. Failure to provide information - Sanctions.

§76-90. Short title - Asbestos and Silica Claims Priorities Act.

§76-91. Legislative findings.

§76-92. Definitions.

§76-93. Pulmonary function testing - Interpretation.

§76-94. Prerequisite of prima facie showing in asbestos claims - Detailed occupational and exposure history - Evidence standards.

§76-95. Prerequisite of prima facie showing in silica claims - Medical report - Evidence requirements.

§76-96. Service of report on all defendants - Trial docket - Interpretation.

§76-97. Filing of written report and supporting test results of prima facie showing - Expediting mesothelioma claims.

§76-98. Effect of act in bankruptcy cases.

§76-99. Restriction on adverse actions in regard to health benefit plans, annuities, or life insurance, as a result of meeting this act's procedural requirements.

§76-100. Beginning of limitations period - Separate claims for nonmalignant conditions and cancer.

§76-100.1. Applicability of act.

§76-101. Severe weather shelter - Immunity from suit.

§76-102. Short title - Innocent Successor Asbestos-Related Liability Fairness Act.

§76-103. Definitions.

§76-104. Applicability.

§76-105. Limitations on successor asbestos-related liabilities.

§76-106. Establishing fair market value of total gross assets.

§76-107. Adjustment.

§76-108. Scope of act.

§76-109. Effective date.

§76-111. Limitations on liability for exposure to COVID-19.

§76-112. Short title - COVID-19 Product Protection Act – Limitations on liability.