OKLAHOMA

Negligence / Personal Injury
2 Years Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud -- the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95
Toxic Tort
2 Years Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud -- the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95
Wrongful Death
2 Years A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years. Okla. Stat. Ann. tit. 12, § 1053
Medical Malpractice
2 Years An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation. Okla. Stat. Ann. tit. 76, § 18

The statute of limitations period begins to run from the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of. Wing v. Lorton, 261 P.3d 1122, 1126 (Okla. 2011).
Products Liability
2 Years

Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud -- the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; Okla. Stat. Ann. tit. 12, § 95

Discovery:

The statute of limitations does not begin to run until the injured party knows or, in the exercise of due diligence, should have known of the injury. In re 1973 John Deere 4030 Tractor, 816 P.2d 1126, 1132 (Okla. 1991).

The statute of limitations begins to run when a reasonably prudent person associates his symptoms with a serious or permanent condition and at the same time perceives the role which defendant has played in inducing that condition. Daughtery v. Farmers Cooperative Association; 1983 Okla. Civ. App. LEXIS 158

Fraud
2 Years The situation is analagous to that where fraudulent concealment is set up as a bar to the running of the statute. In such a situation, this Court has stated: “For the purposes of the statute of limitations, if the means of knowledge exist and the circumstances are such as to put a reasonable man upon inquiry, it will be held that there was knowledge of what could have been readily ascertained by such inquiry and the limitation on the general rule often expressed in the statute is that plaintiff cannot successfully ... [set up a bar to the running of the statute] if his failure to discover it is attributable to his own negligence.” Kansas City Life Ins. v. Nipper, 174 Okl. 634, 51 P.2d 741 (1935).
Municipal Liability/Sovereign Immunity
Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.
Discovery Rule
Standard rule but see specific rule for medical malpractice.
Comparative Negligence
Applies.
Charitable Immunity
Waived.
Disabilities
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.
Punitive Damages
Clear and convincing evidence that conduct of defendant was malicious and intentional. Amounts vary depending upon conduct of defendant. Caps: Depends on outcome of claim.
No-Fault Insurance
None
Consumer Fraud Complaint

Oklahoma Office of the Attorney General, Consumer Practices
http://www.oag.state.ok.us/oagweb.nsf/Consumer!OpenPage

(405)521-3921 (Oklahoma City)
(918)581-2885 (Tulsa)

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