A. A possessor of land, including an owner, lessee, or other occupant, has no duty to make its premises safe for a trespasser and is not subject to liability for any injury to a trespasser.
B. Notwithstanding subsection A of this section, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations:
1. A land possessor who knows or reasonably should know of a trespasser’s presence on the premises has a duty not to injure that trespasser by a wanton or intentional act, except as permitted by Sections 643 and 1289.25 of Title 21 of the Oklahoma Statutes; or
2. A land possessor may be subject to liability for physical injury or death to a child trespasser from a highly dangerous artificial condition on the land if the plaintiff establishes all of the following:
As a matter of law, a child under seven (7) years of age has no ability to appreciate the risk from highly dangerous artificial conditions. A child between seven (7) and fourteen (14) years of age is presumed to lack the ability to appreciate the risk from highly dangerous artificial conditions; this presumption may be overcome if the possessor proves by the greater weight of the evidence that the child had the ability to appreciate the danger on the premises at the time of the harm. A child trespasser who is fourteen (14) years of age or older has the burden of proving by the greater weight of the evidence that the child lacked the ability to appreciate the danger on the premises at the time of the harm.
C. “Trespasser” means a person who enters the real estate of another without the permission of the person lawfully entitled to possession. Permission may be either expressed or implied.
D. 1. This section shall not affect Section 16-71.7 of Title 2 of the Oklahoma Statutes relating to trespass upon agricultural land or Section 10.1 of Title 76 of the Oklahoma Statutes relating to trespass upon land used for recreational purposes not for profit.
2. This section shall not create or increase the liability of any person or entity.
Added by Laws 2011, c. 234, § 9.
Structure Oklahoma Statutes
§76-1. Rights of others must be respected.
§76-1.1. Parent or child not answerable for other's act.
§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".
§76-5.4. Good Samaritan Revolving Fund.
§76-5.5. Limitation of actions.
§76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.
§76-5A. Emergency use of automated defibrillator - Immunity from civil liability.
§76-6. General rights of persons.
§76-8. Wrongs against personal relations.
§76-8.1. Alienation of affections or seduction - Civil action - Abolition.
§76-17. Medical malpractice - Reporting of the claim to licensing board.
§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.
§76-25. 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.
§76-31.3. 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.
§76-41. Weight gain or obesity civil liability restricted - Exceptions.
§76-50.1. Short title – Legislative intent - Construction.
§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.
§76-83. 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.
§76-89. Failure to provide information - Sanctions.
§76-90. Short title - Asbestos and Silica Claims Priorities Act.
§76-93. Pulmonary function testing - Interpretation.
§76-96. Service of report on all defendants - Trial docket - Interpretation.
§76-98. Effect of act in bankruptcy cases.
§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.
§76-105. Limitations on successor asbestos-related liabilities.
§76-106. Establishing fair market value of total gross assets.
§76-111. Limitations on liability for exposure to COVID-19.
§76-112. Short title - COVID-19 Product Protection Act – Limitations on liability.