§76-88. Setoffs – Credits.
SETOFFS; CREDIT. In any personal injury claim for which damages are awarded, a defendant is entitled to a setoff or credit in the amount of the valuation established under Section 7 of this act and any amount the plaintiff has been awarded from a personal injury trust claim identified in subsection F of Section 6 […]
§76-89. Failure to provide information – Sanctions.
FAILURE TO PROVIDE INFORMATION; SANCTIONS. A plaintiff who fails to provide all of the information required under Section 3, subsection B of Section 4 or subsection D of Section 6 of this act is subject to sanctions as provided in Sections 2011 and 3237 of Title 12 of the Oklahoma Statutes. Added by Laws 2013, […]
§76-90. Short title – Asbestos and Silica Claims Priorities Act.
This act shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act”. Added by Laws 2013, 1st Ex.Sess., c. 21, § 2, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 60, which was derived from Laws 2009, c. 228, § 54, which was held […]
§76-53.1. Exceptions to liability limitations.
The provisions of this act do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from failure of firearms to operate in a normal or usual manner due to defects or negligence in design or manufacture. The provisions of this act do not apply to actions […]
§76-91. Legislative findings.
A. FINDINGS. The Legislature finds that: 1. Asbestos is a mineral that was widely used prior to the 1980s for insulation, fire-proofing, and other purposes; 2. Millions of American workers and others were exposed to asbestos, especially during and after World War II, prior to the advent of regulation by the United States Occupational Safety […]
§76-57.1. Product liability for inherently unsafe products – Affirmative defense.
A. In a product liability action, a manufacturer or seller shall not be liable if the product is inherently unsafe and known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community. B. The claim that a product is inherently unsafe shall be an affirmative defense […]
§76-92. Definitions.
DEFINITIONS. As used in the Asbestos and Silica Claims Priorities Act: 1. “Asbestos” means all minerals defined as “asbestos” in 29 CFR 1910, as and if amended; 2. “Asbestos claim” means any claim for damages or other civil or equitable relief presented in a civil action, arising out of, based on, or related to the […]
§76-57.2. Rebuttable presumptions – Grounds for rebutting – Liability of product sellers.
A. In a product liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the […]
§76-93. Pulmonary function testing – Interpretation.
Pulmonary function testing required by this act must be interpreted by a physician who is: 1. Licensed in this state or another state of the United States; and 2. Board-certified in pulmonary medicine, occupational medicine, internal medicine, oncology, or pathology at the time of issuing the relevant medical report. Added by Laws 2013, 1st Ex.Sess., […]
§76-58.1. Subsequent measures not admissible – Exceptions.
When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product’s design, or a […]