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Is a business responsible for icy conditions outside the store?

When a customer slips and falls on an icy sidewalk outside the store, who is responsible if the customer is injured? Is it the customer or the business? In most premises liability cases, the customer is responsible if the condition was “open and obvious,” but where the injury is caused by ice, Oklahoma law imposes… read more…

Is the county responsible for the acts of its deputies?

Who is responsible when an on-duty sheriff’s deputy sexually assaults a citizen? The arrest of former Tulsa County Sheriff’s deputy Gerald Nuckolls will test that question. Nuckolls was arrested in September for allegedly assaulting two women while on duty, and the Tulsa World is now reporting that prosecutors have charged Nuckolls in connection with another… read more…

Is Pointing a Gun at a Child Excessive Force?

Depending on the circumstance, pointing a gun at a child can constitute excessive force, even where the person holding the gun never put their hands on the child, and where the child suffered no physical injury. The Tenth Circuit Court of Appeals addressed this issue in Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th… read more…

Can Police Shoot to a Fleeing Suspect?

The answer generally depends on what preceded the suspect’s attempt to flee, and whether the police have a reasonable belief that the suspect is dangerous. In Plumhoff v. Rickard, the Supreme Court ruled yesterday that police officers may shoot a fleeing suspect in a car who is considered dangerous, and that they may continue shooting… read more…