by Jeremy Ward | Oct 13, 2017 | Contract, Product Liability, Tort
Liability of Component Part Manufacturer in Relation to Whole Product Manufacturer A. Tort Claims 1. Generally A final product assembler who takes products manufactured by a number of companies to create an end product is ultimately responsible for the end product if...
by Jeremy Ward | Oct 13, 2017 | Contract, Product Liability, Tort
Enforceability of Pre-Liability Waivers (“Exculpatory Clauses”) – Although Oklahoma looks upon liability waivers with a somewhat jaundiced eye, such waivers can be valid if a series of conditions are satisfied. A. Main Cases and Limitations The Oklahoma Supreme...
by Jeremy Ward | Sep 10, 2014 | Product Liability, Tort
On April 28, 2014, Oklahoma House Bill Number OK547HB 3365 (“HB 3365”) passed. The new statute relates to product liability actions, will be codified at 76 O.S. § 57.2, and becomes effective November 1, 2014. The statute provides a rebuttable presumption the...
by Jeremy Ward | Feb 10, 2014 | Product Liability, Tort
Proposed legislation is before the Oklahoma Senate pertaining to product liability claims in Oklahoma. The proposed legislation, if enacted, would provide further protections for product manufacturers. The “Rational Use of a Product Act,” would include the following...
by Jeremy Ward | Jun 7, 2013 | Tort
When joint-and-several liability applies, each defendant is liable for the full amount of a plaintiff’s damages. By contrast, when liability is several only (and not joint), each defendant’s liability is limited to his or her percentage of fault. The distinction can...
by Jeremy Ward | Sep 13, 2012 | Real Property, Tort
Premises Liability in Oklahoma Landowner Premises Liability “Premises liability” refers to the “liability . . . of the owner/occupier of the premises where [an] injury occurs.” Thomas v. E-Z Mart Stores, Inc., 102 P.3d 133, 136 (Okla. 2004). An...
