Okla. Stat. tit. 51, § 51-153: Liability - Scope - Exemptions - Exclusivity
Where this section sits in the code
- OK Code
- Title 51
A. The state or a political subdivision shall be liable for
loss resulting from its torts or the torts of its employees acting
within the scope of their employment subject to the limitations and
exceptions specified in The Governmental Tort Claims Act and only
where the state or political subdivision, if a private person or
entity, would be liable for money damages under the laws of this
state. The state or a political subdivision shall not be liable
under the provisions of The Governmental Tort Claims Act for any act
or omission of an employee acting outside the scope of the
employee's employment.
B. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be exclusive and shall
constitute the extent of tort liability of the state, a political
subdivision or employee arising from common law, statute, the
Oklahoma Constitution, or otherwise. If a court of competent
jurisdiction finds tort liability on the part of the state or a
political subdivision of the state based on a provision of the
Oklahoma Constitution or state law other than The Governmental Tort
Claims Act, the limits of liability provided for in The Governmental
Tort Claims Act shall apply.
C. If an action is commenced alleging tort liability on the
part of the state or a political subdivision of the state or an
employee of the state or of a political subdivision of the state
based on a provision of the Oklahoma Constitution or state law other
than The Governmental Tort Claims Act, the action shall name as
defendant the state or political subdivision against which liability
is sought to be established. In no instance in any such action
shall an employee of the state or of a political subdivision of the
state acting within the scope of employment be named as defendant;
provided, however, such person may be named as defendant under
alternative allegations that such person did not act within the
scope of employment.
Collected 2026-09-14T18:32:36Z. Source file · JSON