Tornado-Related Injuries and Liability in Oklahoma

When you think of a tornado, you probably think of high winds, flying debris, and homes ripped from their foundations. Tornadoes don’t just damage property. They can also cause serious injuries and sometimes even fatalities. Every year, Oklahoma sees dozens of tornadoes. In fact, Oklahoma sits right in the heart of Tornado Alley and averages over 50 tornadoes each year. Although tornadoes are most common in spring, they can happen anytime and anywhere.

With how common these weather events are, you might be wondering, “If I’m injured during a tornado, can someone be held legally responsible?” The true answer to this is: it depends. Tornadoes are typically considered “acts of God,” which means they’re natural disasters that nobody can control. However, when someone like a property owner, employer, or event organizer doesn’t take reasonable safety precautions, there may be important exceptions. The tornado injury lawyers at Biby Law Firm help tornado injury victims across the state of Oklahoma understand their legal rights and explore all avenues for compensation. We can help. Talk to us today.

What the law says about tornadoes and “acts of God”

Let’s start with the basics. In legal terms, tornadoes are considered “acts of God.” This means tornadoes are generally unforeseeable, uncontrollable natural events that can’t reasonably be prevented. In many personal injury cases, defendants use this term to claim they shouldn’t be held liable for injuries caused during such a disaster. While generally true, asserting an “act of God” defense doesn’t automatically excuse everyone from responsibility.

When does the “act of God” defense not work?

When someone has a legal duty to protect you and fails to take reasonable steps to do so, they can still be held liable, even during a tornado. Some common examples are as follows:

• A sports league fails to take timely or proper steps to ensure events are cancelled or suspended with the knowledge of impending severe weather.
• A school fails to follow tornado drill protocol, and students suffer injury because they weren’t sheltered in a safe area.
• A construction company leaves heavy equipment unsecured, and the resulting debris causes serious injury to a bystander.

Now, in each of these examples, the tornado may have caused the harm, but human negligence made the injuries worse.

Who might be liable for tornado-related injuries?

A variety of parties could be held responsible for injuries that happen during or shortly after a tornado in Oklahoma, depending on the circumstances.

Property owners and landlords. As we discussed earlier, property owners have a legal duty to maintain safe conditions for their visitors, tenants, or customers. In tornado-prone areas, these obligations could include the following:

• Providing access to storm shelters or safe rooms
• Notifying guests or tenants of the threat of severe weather
• Ensuring their buildings meet local building codes and wind-load standards

For example, imagine a landlord in a multi-family apartment complex who advertises or designates a tornado shelter but then doesn’t maintain or allow tenants access to it. The landlord could be held liable if a tenant is injured while trying to find safe harbor in a place where they were told would be available to them.

Employers. Here in Oklahoma, employers are required to provide a safe working environment. According to OSHA, many employers are required to have an Emergency Action Plan, which may require them to:

• Develop and communicate an emergency plan for tornadoes.
• Conduct regular drills (recommended).
• Identify and maintain access to designated safe zones or shelters.
• Train and ensure all employees know what to do in the event of severe weather.

Consider this: a warehouse manager ignores multiple tornado warnings and forces workers to stay on the production floor, failing to move them to a designated storm shelter. A tornado hits, and several workers experience injuries. In this case, the employer could be held liable for failing to follow reasonable safety measures.

Event organizers. Concerts, sporting events, festivals, and fairs are common in Oklahoma, especially during the spring and summer months. Large outdoor gatherings during tornado season, however, come with risks. Organizers of big public events must:

• Monitor weather conditions.
• Notify attendees if severe weather is approaching.
• Provide access to shelters or safe zones.
• Have an evacuation plan in place.

Here’s another example. An outdoor concert in Oklahoma City continues even after the issuance of a tornado watch. The event organizer fails to pause the show or direct people to safety. When a storm suddenly turns into a warning, people panic, and injuries happen during the rush to leave. The event organizer might be held liable for failing to plan or act reasonably.

Schools and childcare facilities. State law requires most Oklahoma schools to perform two tornado drills per year. Schools must also have shelter-in-place protocols and designated areas that meet safety standards. If your child is injured at school during a tornado, the school could be held responsible if:

• The teachers or staff failed to follow emergency protocols.
• The school lacked safe areas.
• The building was in poor repair, which contributed to your child’s injuries.

Please note that because public schools are government entities, special rules may apply, such as limited liability, immunity from liability, or notice requirements under the Oklahoma Governmental Tort Claims Act. Our Tulsa personal injury lawyers can explain this in more detail in a free consultation.

What are some common tornado-related injuries?

Sometimes, injuries from tornadoes happen during the storm, while others may happen before or after due to unsafe conditions. Common tornado-related injuries here in Oklahoma include the following:

• Broken or fractured bones from falling walls or collapsed roofs
• Cuts and lacerations
• Crush injuries from debris or structural collapse
• Electrical injuries from exposed wires or downed power lines
• Emotional trauma and post-traumatic stress disorder
• Traumatic brain injuries (TBIs) from flying debris

All of these injuries can be severe, life-altering, and expensive to recover from. But if someone else’s negligence played a role in your injury, you may be entitled to compensation.

What should I do after a tornado-related injury?

If you or a loved one has been hurt during a tornado in Oklahoma, here’s what you should do:

• Seek medical attention as soon as possible. Some injuries may not show up immediately.
• Take photos or videos. If it’s safe, document the area, unsafe conditions, or missing safety features.
• Get witness statements by talking to others who were present.
• Request incident reports from employers, schools, or property managers.

Then, speak with an experienced personal injury lawyer. The lawyers at Biby Law Firm can evaluate whether you have a case, gather evidence, and fight for your compensation.

How do your personal injury lawyers prove negligence in tornado injury cases?

To sue someone for your injuries in a tornado-related incident, our injury lawyers must show that the defendant had a legal duty to act reasonably (like an employer who must protect workers). This is known as “duty of care.”  Once the duty is established, the duty must be shown to have been breached, and that the cause of the damages/injuries was the breach.

In tornado-related cases, the hardest part is usually proving that a defendant’s negligence was the proximate cause of injury, not the tornado itself.

How can your personal injury lawyers help with my tornado injury claim?

At Biby Law Firm, we know that tornadoes are a way of life in Oklahoma. However, that doesn’t mean that you should suffer because someone failed to take proper safety precautions. Our Tulsa-based personal injury lawyers have years of experience handling complex cases involving things like:

• Premises liability
• Workplace safety violations
• Negligent planning and oversight
• Government tort claims

Our attorneys know how to dig deep, gather valuable evidence, and hold the right parties responsible, even in cases involving powerful employers or insurance companies. We also understand the physical and mental trauma these events can cause. From broken bones to PTSD, our goal is to help you secure the compensation to which you’re entitled, so you can focus on healing from your injuries.

Tornadoes are unpredictable and dangerous, but that doesn’t mean that all tornado-related injuries are “nobody’s fault.” Property owners, employers, event organizers, and schools in Oklahoma have a responsibility to take these risks seriously and act with reasonable care. When they don’t, and someone ends up getting hurt, our legal system allows injury victims to seek justice. We can help. If you or someone you love was injured during a tornado, don’t assume you’re on your own. The team at Biby Law Firm is here to listen to your story, investigate what happened, and fight for your rights. Call our offices today or fill out our contact form to schedule a free consultation. We can help you understand your options, preserve your rights, and pursue the compensation you deserve for your injuries and losses.