§ 155. Exemptions from liability
Oklahoma Statutes AnnotatedTitle 51. OfficersEffective: May 5, 2022
Effective: May 5, 2022
51 Okl.St.Ann. § 155
§ 155. Exemptions from liability
The state or a political subdivision shall not be liable if a loss or claim results from:
13. Inspection powers or functions, including failure to make an inspection, review or approval, or making an inadequate or negligent inspection, review or approval of any property, real or personal, to determine whether the property complies with or violates any law or contains a hazard to health or safety, or fails to conform to a recognized standard;
15. Absence, condition, location or malfunction of any traffic or road sign, signal or warning device unless the absence, condition, location or malfunction is not corrected by the state or political subdivision responsible within a reasonable time after actual or constructive notice or the removal or destruction of such signs, signals or warning devices by third parties, action of weather elements or as a result of traffic collision except on failure of the state or political subdivision to correct the same within a reasonable time after actual or constructive notice. Nothing herein shall give rise to liability arising from the failure of the state or any political subdivision to initially place any of the above signs, signals or warning devices. The signs, signals and warning devices referred to herein are those used in connection with hazards normally connected with the use of roadways or public ways and do not apply to the duty to warn of special defects such as excavations or roadway obstructions;
23. Any court-ordered, Department of Corrections or county approved work release program; provided, however, this provision shall not apply to claims from individuals not in the custody of the Department of Corrections based on accidents involving motor vehicles owned or operated by the Department of Corrections;
25. Provision, equipping, operation or maintenance of any prison, jail or correctional facility, or injuries resulting from the parole or escape of a prisoner or injuries by a prisoner to any other prisoner; provided, however, this provision shall not apply to claims from individuals not in the custody of the Department of Corrections based on accidents involving motor vehicles owned or operated by the Department of Corrections;
28. Any claim or action based on the theory of indemnification or subrogation; provided, however, a political subdivision as defined in subparagraph s of paragraph 11 of Section 152 of this title may enter into a contract with a contract operator or any railroad operating in interstate commerce that sells a property interest or provides services to a regional transportation authority, or allows the regional transportation authority to use the railroad's property or tracks for the provision of public passenger rail service, providing for the allocation of financial responsibility, indemnification, or the procurement of insurance for the parties for all types of claims or damages, provided that funds have been appropriated to cover the resulting contractual obligation at the time the contract is executed. The acquisition of commercial liability insurance to cover the activities of the regional transportation authority, contract operator or railroad shall not operate as a waiver of any of the liabilities, immunities or defenses provided for political subdivisions pursuant to the provisions of The Governmental Tort Claims Act. A contract entered into under this paragraph shall not affect rights of employees under the Federal Employers Liability Act1 or the Federal Railway Labor Act;
32. Any confirmation of the existence or nonexistence of any effective financing statement on file in the office of the Secretary of State made in good faith by an employee of the office of the Secretary of State as required by the provisions of Section 1-9-320.6 of Title 12A of the Oklahoma Statutes;
Credits
Acts 1978, c. 203, § 5, eff. July 1, 1978; Laws 1979, c. 203, § 1, emerg. eff. May 25, 1979; Laws 1984, c. 226, § 6, eff. Oct. 1, 1985; Laws 1986, c. 66, § 1, eff. Nov. 1, 1986; Laws 1987, c. 69, § 12; Laws 1988, c. 134, § 4, emerg. eff. April 19, 1988; Laws 1988, c. 241, § 2, eff. Nov. 1, 1988; Laws 1991, c. 55, § 2, eff. Sept. 1, 1991; Laws 1994, c. 290, § 60, eff. July 1, 1994; Laws 1997, c. 133, § 74, eff. July 1, 1999; Laws 2000, c. 371, § 174, eff. July 1, 2001; Laws 2003, c. 304, § 3, emerg. eff. May 28, 2003; Laws 2004, c. 381, § 1, emerg. eff. June 3, 2004; Laws 2009, c. 228, § 85, eff. Nov. 1, 2009; Laws 2012, c. 16, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 34, emerg. eff. April 8, 2013; Laws 2016, c. 273, § 3, eff. Nov. 1, 2016; Laws 2021, c. 241, § 3, eff. Nov. 1, 2021; Laws 2022, c. 228, § 21, emerg. eff. May 5, 2022.
Footnotes
45 U.S.C.A. § 51 et seq.
51 Okl. St. Ann. § 155, OK ST T. 51 § 155
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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