{"data":{"id":"us-ok/okla.-stat.-tit.-51-51-155","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 51, § 51-155","heading":"Exemptions from liability","body":"The state or a political subdivision shall not be liable if a\n\nloss or claim results from:\n\n1. Legislative functions;\n\n2. Judicial, quasi-judicial, or prosecutorial functions, other\n\nthan claims for wrongful criminal felony conviction resulting in\n\nimprisonment provided for in Section 154 of this title;\n\n3. Execution or enforcement of the lawful orders of any court;\n\n4. Adoption or enforcement of or failure to adopt or enforce a\n\nlaw, whether valid or invalid, including, but not limited to, any\n\nstatute, charter provision, ordinance, resolution, rule, regulation\n\nor written policy;\n\n5. Performance of or the failure to exercise or perform any act\n\nor service which is in the discretion of the state or political\n\nsubdivision or its employees;\n\n6. Civil disobedience, riot, insurrection or rebellion or the\n\nfailure to provide, or the method of providing, police, law\n\nenforcement or fire protection;\n\n7. Any claim based on the theory of attractive nuisance;\n\n8. Snow or ice conditions or temporary or natural conditions on\n\nany public way or other public place due to weather conditions,\n\nunless the condition is affirmatively caused by the negligent act of\n\nthe state or a political subdivision;\n\n9. Entry upon any property where that entry is expressly or\n\nimplied authorized by law;\n\n10. Natural conditions of property of the state or political\n\nsubdivision;\n\n11. Assessment or collection of taxes or special assessments,\n\nlicense or registration fees, or other fees or charges imposed by\n\nlaw;\n\n12. Licensing powers or functions including, but not limited\n\nto, the issuance, denial, suspension or revocation of or failure or\n\nrefusal to issue, deny, suspend or revoke any permit, license,\n\ncertificate, approval, order or similar authority;\n\n13. Inspection powers or functions, including failure to make\n\nan inspection, review or approval, or making an inadequate or\n\nnegligent inspection, review or approval of any property, real or\n\npersonal, to determine whether the property complies with or\n\nviolates any law or contains a hazard to health or safety, or fails\n\nto conform to a recognized standard;\n\n14. Any loss to any person covered by any workers' compensation\n\nact or any employer's liability act;\n\n15. Absence, condition, location or malfunction of any traffic\n\nor road sign, signal or warning device unless the absence,\n\ncondition, location or malfunction is not corrected by the state or\n\npolitical subdivision responsible within a reasonable time after\n\nactual or constructive notice or the removal or destruction of such\n\nsigns, signals or warning devices by third parties, action of\n\nweather elements or as a result of traffic collision except on\n\nfailure of the state or political subdivision to correct the same\n\nwithin a reasonable time after actual or constructive notice.\n\nNothing herein shall give rise to liability arising from the failure\n\nof the state or any political subdivision to initially place any of\n\nthe above signs, signals or warning devices. The signs, signals and\n\nwarning devices referred to herein are those used in connection with\n\nhazards normally connected with the use of roadways or public ways\n\nand do not apply to the duty to warn of special defects such as\n\nexcavations or roadway obstructions;\n\n16. Any claim which is limited or barred by any other law;\n\n17. Misrepresentation, if unintentional;\n\n18. An act or omission of an independent contractor or\n\nconsultant or his or her employees, agents, subcontractors or\n\nsuppliers or of a person other than an employee of the state or\n\npolitical subdivision at the time the act or omission occurred;\n\n19. Theft by a third person of money in the custody of an\n\nemployee unless the loss was sustained because of the negligence or\n\nwrongful act or omission of the employee;\n\n20. Participation in or practice for any interscholastic or\n\nother athletic contest sponsored or conducted by or on the property\n\nof the state or a political subdivision;\ncal subdivision at the time the act or omission occurred;\n\n19. Theft by a third person of money in the custody of an\n\nemployee unless the loss was sustained because of the negligence or\n\nwrongful act or omission of the employee;\n\n20. Participation in or practice for any interscholastic or\n\nother athletic contest sponsored or conducted by or on the property\n\nof the state or a political subdivision;\n\n21. Participation in any activity approved by a local board of\n\neducation and held within a building or on the grounds of the school\n\ndistrict served by that local board of education before or after\n\nnormal school hours or on weekends;\n\n22. Use of indoor or outdoor school property and facilities\n\nmade available for public recreation before or after normal school\n\nhours or on weekends or school vacations, except those claims\n\nresulting from willful and wanton acts of negligence. For purposes\n\nof this paragraph:\n\na. \"public\" includes, but is not limited to, students\n\nduring nonschool hours and school staff when not\n\nworking as employees of the school, and\n\nb. \"recreation\" means any indoor or outdoor physical\n\nactivity, either organized or unorganized, undertaken\n\nfor exercise, relaxation, diversion, sport or\n\npleasure, and that is not otherwise covered by\n\nparagraph 20 or 21 of this section;\n\n23. Any court-ordered, Department of Corrections or county\n\napproved work release program; provided, however, this provision\n\nshall not apply to claims from individuals not in the custody of the\n\nDepartment of Corrections based on accidents involving motor\n\nvehicles owned or operated by the Department of Corrections;\n\n24. The activities of the state military forces when on state\n\nactive duty orders or on Title 32 active duty orders;\n\n25. Provision, equipping, operation or maintenance of any\n\nprison, jail or correctional facility, or injuries resulting from\n\nthe parole or escape of a prisoner or injuries by a prisoner to any\n\nother prisoner; provided, however, this provision shall not apply to\n\nclaims from individuals not in the custody of the Department of\n\nCorrections based on accidents involving motor vehicles owned or\n\noperated by the Department of Corrections;\n\n26. Provision, equipping, operation or maintenance of any\n\njuvenile detention facility, or injuries resulting from the escape\n\nof a juvenile detainee, or injuries by a juvenile detainee to any\n\nother juvenile detainee;\n\n27. Any claim or action based on the theory of manufacturer's\n\nproducts liability or breach of warranty, either expressed or\n\nimplied;\n\n28. Any claim or action based on the theory of indemnification\n\nor subrogation; provided, however, a political subdivision as\n\ndefined in subparagraph s of paragraph 11 of Section 152 of this\n\ntitle may enter into a contract with a contract operator or any\n\nrailroad operating in interstate commerce that sells a property\n\ninterest or provides services to a regional transportation\n\nauthority, or allows the regional transportation authority to use\n\nthe railroad's property or tracks for the provision of public\n\npassenger rail service, providing for the allocation of financial\n\nresponsibility, indemnification, or the procurement of insurance for\n\nthe parties for all types of claims or damages, provided that funds\n\nhave been appropriated to cover the resulting contractual obligation\n\nat the time the contract is executed. The acquisition of commercial\n\nliability insurance to cover the activities of the regional\n\ntransportation authority, contract operator or railroad shall not\n\noperate as a waiver of any of the liabilities, immunities or\n\ndefenses provided for political subdivisions pursuant to the\n\nprovisions of The Governmental Tort Claims Act. A contract entered\n\ninto under this paragraph shall not affect rights of employees under\n\nthe Federal Employers Liability Act or the Federal Railway Labor\n\nAct;\n\nailroad shall not\n\noperate as a waiver of any of the liabilities, immunities or\n\ndefenses provided for political subdivisions pursuant to the\n\nprovisions of The Governmental Tort Claims Act. A contract entered\n\ninto under this paragraph shall not affect rights of employees under\n\nthe Federal Employers Liability Act or the Federal Railway Labor\n\nAct;\n\n29. Any claim based upon an act or omission of an employee in\n\nthe placement of children;\n\n30. Acts or omissions done in conformance with then current\n\nrecognized standards;\n\n31. Maintenance of the state highway system or any portion\n\nthereof unless the claimant presents evidence which establishes\n\neither that the state failed to warn of the unsafe condition or that\n\nthe loss would not have occurred but for a negligent affirmative act\n\nof the state;\n\n32. Any confirmation of the existence or nonexistence of any\n\neffective financing statement on file in the office of the Secretary\n\nof State made in good faith by an employee of the office of the\n\nSecretary of State as required by the provisions of Section 1-9-\n\n320.6 of Title 12A of the Oklahoma Statutes;\n\n33. Any court-ordered community sentence;\n\n34. Remedial action and any subsequent related maintenance of\n\nproperty pursuant to and in compliance with an authorized\n\nenvironmental remediation program, order, or requirement of a\n\nfederal or state environmental agency;\n\n35. The use of necessary and reasonable force by a school\n\ndistrict employee to control and discipline a student during the\n\ntime the student is in attendance or in transit to and from the\n\nschool, or any other function authorized by the school district;\n\n36. Actions taken in good faith by a school district employee\n\nfor the out-of-school suspension of a student pursuant to applicable\n\nOklahoma Statutes; or\n\n37. Use of a public facility opened to the general public\n\nduring an emergency.","path":["OK Code","Title 51"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"13b7ae83b0e70ff43e8869fdde926a2f6b0427d5dc922a0bd5eee3937ed3a6cf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-51-51-154v2","next":"us-ok/okla.-stat.-tit.-51-51-155.1"},"notice":"GroundRules: Original legal text. Not legal advice."}