{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-80","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-80","heading":"Safety of premises - Liability to trespasser","body":"A. A possessor of land, including an owner, lessee, or other\n\noccupant, has no duty to make its premises safe for a trespasser and\n\nis not subject to liability for any injury to a trespasser.\n\nB. Notwithstanding subsection A of this section, a possessor of\n\nland may be subject to liability for physical injury or death to a\n\ntrespasser in the following situations:\n\n1. A land possessor who knows or reasonably should know of a\n\ntrespasser’s presence on the premises has a duty not to injure that\n\ntrespasser by a wanton or intentional act, except as permitted by\n\nSections 643 and 1289.25 of Title 21 of the Oklahoma Statutes; or\n\n2. A land possessor may be subject to liability for physical\n\ninjury or death to a child trespasser from a highly dangerous\n\nartificial condition on the land if the plaintiff establishes all of\n\nthe following:\n\na. the possessor knew or had reason to know that children\n\nwere likely to trespass at the location of the\n\ncondition,\n\nb. the condition is one the possessor knew or reasonably\n\nshould have known was unusually attractive to children\n\nand involved an unreasonable risk of death or serious\n\nbodily harm,\n\nc. the injured child was attracted onto the premises by\n\nthe condition,\n\nd. the child lacked the ability to appreciate or realize\n\nthe risk,\n\ne. the utility to the possessor of maintaining the\n\ncondition and the burden of eliminating the danger\n\nwere slight as compared with the risk to the child\n\ninvolved, and\n\nf. the child’s injury was directly caused by the\n\npossessor’s failure to exercise reasonable care to\n\neliminate the danger or otherwise protect the child.\n\nAs a matter of law, a child under seven (7) years of age has no\n\nability to appreciate the risk from highly dangerous artificial\n\nconditions. A child between seven (7) and fourteen (14) years of\n\nage is presumed to lack the ability to appreciate the risk from\n\nhighly dangerous artificial conditions; this presumption may be\n\novercome if the possessor proves by the greater weight of the\n\nevidence that the child had the ability to appreciate the danger on\n\nthe premises at the time of the harm. A child trespasser who is\n\nfourteen (14) years of age or older has the burden of proving by the\n\ngreater weight of the evidence that the child lacked the ability to\n\nappreciate the danger on the premises at the time of the harm.\n\nC. “Trespasser” means a person who enters the real estate of\n\nanother without the permission of the person lawfully entitled to\n\npossession. Permission may be either expressed or implied.\n\nD. 1. This section shall not affect Section 16-71.7 of Title 2\n\nof the Oklahoma Statutes relating to trespass upon agricultural land\n\nor Section 10.1 of Title 76 of the Oklahoma Statutes relating to\n\ntrespass upon land used for recreational purposes not for profit.\n\n2. This section shall not create or increase the liability of\n\nany person or entity.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f1677859f4d0a795b2e00370b8dc4c73cfd919bc237f00856c03fdfcd8a38fb5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-8.1","next":"us-ok/okla.-stat.-tit.-76-76-80.1"},"notice":"GroundRules: Original legal text. Not legal advice."}