{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1430.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1430.8","heading":"Liability for injury to resident - Actions - Remedies -","body":"Waivers - Jury trial - Retaliation - Privileges and immunities -\n\nReport of abuse, neglect or exploitation.\n\nA. The provider is liable to a resident for any intentional or\n\nnegligent act or omission of their agents or employees which injures\n\nthe resident. Also, any state employee that aids, abets, assists,\n\nor conspires with a provider to perform an act that causes injury to\n\na resident shall be individually liable.\n\nB. A resident may maintain an action under this act for any\n\nother type of relief, including injunctive and declaratory relief,\n\npermitted by law.\n\nC. Any damages recoverable under this section, including\n\nminimum damages as provided by this section, may be recovered in any\n\naction which a court may authorize to be brought as a class action.\n\nThe remedies provided in this section, are in addition to and\n\ncumulative with any other legal remedies available to a resident.\n\nExhaustion of any available administrative remedies shall not be\n\nrequired prior to commencement of suit hereunder.\n\nD. Any waiver by a resident or the resident's guardian or\n\nadvocate of the right to commence an action under this section,\n\nwhether oral or in writing, shall be null and void, and without\n\nlegal force or effect.\n\nE. Any party to an action brought under this section shall be\n\nentitled to a trial by jury and any waiver of the right to a trial\n\nby a jury, whether oral or in writing, prior to the commencement of\n\nan action, shall be null and void, and without legal force or\n\neffect.\n\nF. No provider or licensee, or agents or employees of a\n\nprovider or licensee shall transfer, discharge, evict, harass,\n\ndismiss or retaliate against a resident, a guardian or advocate of a\n\nresident, or an employee or agent who makes a report, brings, or\n\ntestifies in, an action under this section, or files a complaint\n\nbecause of a report, testimony or complaint.\n\nG. Any person, institution or agency, under this act,\n\nparticipating in good faith in the making of a report, or in the\n\ninvestigation of such a report shall not be deemed to have violated\n\nany privileged communication and shall have immunity from any\n\nliability, civil or criminal, or any other proceedings, civil or\n\ncriminal, as a consequence of making such report.\n\nH. An employee or agent of a provider or licensee who becomes\n\naware of abuse, neglect or exploitation of a resident shall\n\nimmediately report the matter as required by Section 10-104 of Title\n\n43A of the Oklahoma Statutes. A group home administrator who\n\nbecomes aware of abuse, neglect or exploitation of a resident shall\n\nmake a report as required by Section 10-104 of Title 43A of the\n\nOklahoma Statutes and take immediate action to ensure the health and\n\nsafety of the resident.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"51b5a357e021c0cc93d7c7a37617356fd5b6d8c0834e5ca9cdec13dadf8d8730","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1430.7","next":"us-ok/okla.-stat.-tit.-10-10-1430.9"},"notice":"GroundRules: Original legal text. Not legal advice."}