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Oklahoma

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 10

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 5 years
Personal Property 2 years
Personal Injury 2 years
Warranty 5 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
Okla. Admin. Code § 365:15-3-8
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Oklahoma specifically authorizes Post-judgment wage attachment; Entry of judgment is a condition precedent to a wage attachment; The judgment creditor has the option of a non-continuing wage attachment that lasts one pay period or a continuing wage attachment that lasts 180 days; 75% of the debtor’s wages are exempt from wage attachment; Note: This 75% exemption could increase if the debtor establishes hardship
 


Parental Responsibility

Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability: Parent liable for retail price of merchandise if merchandise un-sellable, or percentage of diminished value of merchandise plus costs and attorney’s fees
Liability imposed when child takes merchandise from business with intent of converting merchandise to child’s use
 


Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly allows subrogation


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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