Tag Archive for: #1LawyerInThe2Business

Firm News: Oklahoma Association of Justice Welcomes Jim Buxton as Newly Elected President

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Jim Buxton was elected to serve as President of the Oklahoma Association of Justice (OAJ) on November 2, 2023.

OAJ is comprised of trial lawyers and was the first of its kind. The OAJ was created in 1943 and is celebrating its 80th year as an organization. The OAJ was created for the purpose of advancing the cause of those who are damaged in person and property, who must seek redress therefor at law and believes all powers in the Constitution come from the people, and that the Constitution demands a remedy in the courts for every wrong, and it is the duty of all trial lawyers to pursue and accomplish this simple truth.

“I am honored to be elected by my colleagues to represent an organization dedicated to fighting for and preserving the rights of everyday Oklahomans” – Trial Lawyer Jim Buxton 
Mr. Buxton is an active trial lawyer licensed to practice in all Oklahoma state and federal courts. For the last decade, he has worked with lawyers from across the country to obtain justice for people who have been injured, accused, or wronged. He frequently teaches trial skills at legal seminars and is on the teaching faculty at the Gerry Spence Method in Dubois, Wyoming, Mr. Buxton is a proud member of the American Board of Trial Advocates, Million Dollar Advocates Forum and MultiMillion Dollar Advocates Forum; is rated AV by Martindale-Hubbell and has been selected to Super Lawyers in 2016, 2017, 2020, 2021, 2022 and 2023.
When Mr. Buxton is not in the courtroom you can find him hunting, fishing, and spending time with his family, friends, dogs.

Firm News: Jim Buxton Awarded Rank of Associate by The American Board of Trial Advocates

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The American Board of Trial Advocates

Adding to his long list of achievements and accomplishments, The American Board of Trial Advocates, a national association of experienced trial lawyers and judges, recently named Jim Buxton the rank of Associate.

The American Board of Trial Advocates is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, have tried at least 10 civil jury trials to conclusion and possess additional litigation experience. Members must also exhibit the virtues of civility, integrity and professionalism by following our Code of Professionalism and Principles of Civility.

After being duly examined and verifying a number of credentials, The American Board of Trial Advocates found that Mr. Buxton possesses the requisite skill, integrity, and experience in the special art of advocacy to qualify for this rank.

Protect Yourself: There is still hope if the City denies your claim!

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Has the City denied your claim? Don’t worry quite yet…

Sewage back-ups are not an uncommon experience in Oklahoma. And the City knows this. They also know there’s a select few of us – Oklahoma Sewer Lawyers, as we’re called – that reject the unacceptable excuses the government gives for refusing to compensate our clients.

When such a problem strikes, knowing what to do next can be overwhelming. In addition to having a disgusting mess on your hands and potentially dealing with the loss of material possessions, your property could experience substantial — and costly — damage.

The City does not have the final say. The jury does. The reason it is important to get in contact with us is because the City denying your claim during the 90-day pre-litigation claims process doesn’t mean they will ultimately escape liability. But they won’t come right out and pay you. You need a trial lawyer who can and will take the city to battle and effectively try a 3-day to 2-week long jury trial. We won’t roll over for any lowball settlement.

Generally, City employees are trained to deny responsibility and not do anything to assist the homeowner with clean-up; we see it happen all the time.

For example, in 2020 when our clients were told by the city of Durant that the City was not liable for a sewer backup that resulted in the destruction of our clients home, they turned to us.

After continued pushback and denial of fault from the City, we continued to fight back. This case went to jury trial where we obtained a $400,000.00 verdict for our clients in Durant, Oklahoma.

No case is too large or complex for our team. Our team of attorneys, paralegals, and legal assistants take your case very seriously. From start to finish, you are our #1 priority. Contact The Oklahoma Sewer Lawyers if you need reliable legal representation .

Protect Yourself: At Oklahoma Sewer Lawyers, There Are NO FEES Up Front

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No Win No Fee Guaranteed

You Shouldn’t Have to Worry About Paying a Lawyer After a Sewer Backup

When your home has been flooded with raw sewage, you’re already dealing with enough. You’re worried about your family’s health, the damage to your home, the cost of cleanup, and how you’re going to move forward. The last thing you should have to worry about is coming up with money to hire a lawyer.

At Oklahoma Sewer Lawyers, we believe everyone deserves experienced legal representation—regardless of their financial situation.

That’s why we handle every case on a contingency fee basis.

What Does a Contingency Fee Mean?

Simply put, you pay nothing upfront.

We cover the costs of investigating your case, gathering evidence, hiring experts when necessary, filing your claim, and pursuing your case from start to finish. Our attorneys invest their time and resources so you can focus on what matters most: getting your life back together.

We only get paid if we successfully recover compensation for you.

Why Contingency Fees Matter

A contingency fee arrangement offers several important benefits:

  • No upfront attorney’s fees. You don’t have to pay out of pocket to hire experienced trial lawyers.
  • We advance the costs of your case. Litigation expenses, expert witnesses, investigations, and other case-related costs are handled by our firm while your case is pending.
  • Everyone has access to justice. You shouldn’t have to be wealthy to hold a city accountable for negligence. Contingency fees allow hardworking Oklahoma families to receive the same high-quality legal representation as anyone else.
  • No recovery, no attorney’s fee. If we don’t recover compensation for you, you don’t owe us an attorney’s fee.

We’re Invested in Your Success

When we take your case, we’re investing our own time, effort, and resources because we believe in it. Our success is directly tied to yours, which means we are motivated to fight for the maximum compensation the law allows.

We know how overwhelming a sewage backup can be. We’ve seen families forced from their homes, personal belongings destroyed, and lives turned upside down. Our team is committed to guiding you through every step of the legal process while aggressively pursuing justice on your behalf.

If you believe your sewer backup was caused by a city’s negligence, don’t let concerns about legal fees keep you from learning your rights.

Contact Oklahoma Sewer Lawyers today for a free consultation. We’ll evaluate your case, answer your questions, and explain your options—all at no cost to you.

 

Know The Laws: The City Claims It’s Not Their Fault

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With the Oklahoma Sewer Lawyers, you are not alone.

The “ Governmental Tort Claims Act” was created by the Oklahoma government in order to “(1) to promote prompt investigations, (2) to provide early opportunity for correction of dangerous conditions, (3) to promote speedy and amicable settlements of claims and (4) to permit the governmental entity to prepare for fiscal consequences.” Sounds good, right?

As we all know, dealing with any government comes with obstacles. How do you know when a sewer backup into your house is not your fault? When you’re standing up to your ankles in sewage. There is no way you can get that much sewage from your toilets and drains into a line and it comes back into your house. If you have a good amount of sewage and it is flowing out of the toilets, sinks, or cleanouts, that is a problem with the City’s line. A lot of time, the City will blame it on you and say it is your fault.

The Oklahoma Sewer Lawyers have been navigating through these hurdles on behalf of our clients for over a decade. This article explains some of the ways a municipality can prevent their sewer system from backing up and flooding homes and businesses before a problem arises. This should not serve as legal advice, but as a general guide for sewer backup victims. For more in-depth information or for a case review, contact our office or send an email to info@sewerlawyers.com.

“What should I do next?”

For many, it is hard to fathom getting to a point in any relationship where a person must resort to suing another person or entity to resolve a conflict. However, protecting yourself, your family and your property is about as American as it gets. And for all the misplaced stigma associated with suing another person or entity, there is only justice when those harmed by another stand up to hold them accountable. But when your own government causes the issues and refuses to accept responsibility, it is downright offensive. Fortunately for Oklahomans, there is a path for recourse. That is, if you play by their rules in the law they wrote, the GTCA. If you haven’t already, check out our article entitled “The sewer is backing up into my house…” to catch up on what steps are taken before you even find yourself in a lawsuit.

Litigation 101

A “Petition” starts the litigation process after the Notice of Tort Claim has been denied. It is filed in the county in which your house is situated and served upon the municipality that was supposed to maintain and operate the sewer system properly. Then, the municipality or their insurance company will hire a lawyer that will be defending the suit, and he or she will deal with your attorneys on the case. There are three basic defenses that the municipality’s lawyer will employ.

As insulting as it is, their first defense is “WE DIDN’T DO IT!” This, we know in many cases, is just not true. This is because Oklahoma holds municipal sewer operators to what is known under the law as a “standard of care”.

The Oklahoma Supreme Court has outlined the following as the standard of care for municipal sewer operators:

“When a municipal corporation assumes the control and management of a sewer system which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of such sewer.” 3 “The general rule is that where a municipal corporation assumes the control and management of its sewer system, which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of its sewer.” 4

Once the facts have been established or at least shown to the municipality’s lawyer that there is no liability defense (aka “THEY DID IT!”), there will be another defense. This is the “WELL, WE DIDN’T HURT YOU THAT BAD” defense. As discussed in a previous article 5 , claims against municipalities have damage caps. The property damage is fairly easy to establish with remediation estimates, repair estimates, furniture replacement costs, etc. This is all subject to the GTCA limit of $25,000.00, so even if your home is going to cost more to fix, the municipality’s lawyer cannot legally offer more. So how are you made whole?

Oklahoma City v. Romano, 1967 OK 191, ¶ 9, citing City of Holdenville v. Griggs, 1966 OK 34.

City of Holdenville v. Moore, 1956 OK 34, ¶ 8

From here, it’s all about the nuisance damages. Those are capped on a per person basis at $125,000.00 (or $175,000.00 for governments with a population of over 300,000). But how do you place a monetary value on annoyance, inconvenience and discomfort? Is being out of your house for months or wading through raw sewage in the middle of the night worth anything? What about the fear that it could happen again, or that future buyers will turn and run when you have to disclose the fact that the home has flooded with your neighborhood’s raw sewage? The answer from Oklahoma juries: a resounding YES!

It takes a long time from the date the Petition is filed to get in front of a jury. In the interim, there are many legal hurdles. First, the municipality’s lawyer is going to ask the judge to throw your case out with a motion to dismiss. When that fails, a scheduling order is put in place to let everyone know what the deadlines are. This is usually between six and nine months but can be longer. After that, they’ll write up a bunch of questions to ask you, call your neighbors, and subpoena records from anyone that had anything to do with the cleanup and repair of your home. This is called discovery. Then, they’ll ask your lawyer to present you for a deposition, which is where you answer live questioning under oath with a court reporter typing out the entire thing. They’ll use all that to, again, ask the judge to throw your case out with a motion for summary judgment.

Finally, after multiple failed attempts to make you or your claims look bad, the municipality’s lawyer may ask your attorney what you want to settle the case. Here is the last defense in response to your demand: “THAT IS WAY MORE THAN WE WOULD EVER PAY!” But is it? And more importantly, are they willing to risk that in a jury trial by your peers?

At Buxton Law Group, we don’t settle for any less than what our clients deserve. Multiple factors must be considered in evaluating a case, like how much property damage there is and what the damage cap is on a particular case. And settlement, while practical and reasonable in many circumstances, is not always feasible. Defense lawyers and municipalities know that litigation takes time to get to trial, and some prefer it that way. It is the hope of some municipalities that a sewer backup victim will get fed up with the long process and settle for a low-ball offer. We know their games, and if you find yourself here, we won’t stop fighting.

Litigation is never something that someone expects to find themselves in, especially against your own government. If you do find yourself in litigation, you need strong legal representation that is prepared to take your case to trial if necessary. Buxton Law Group will walk you through the entire process and fight to obtain the compensation you deserve after your house is destroyed by the negligence or the failing infrastructure of a municipality.

For more information, check out some of our other articles on sewer backup litigation or give us a call. We’re here to help.

Protect Yourself: Denied Tort Claim?

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Denied Tort Claim? Don’t Worry

“The sewer is backing up into my house, grab the towels and a bucket!”

Expletives fly, panic sinks in, and moving into a hotel seems like the only way to escape the nightmare. If this has happened to you, you are not alone. Fortunately, there is a path to reclaiming your home and your peace of mind. It is called the Oklahoma Governmental Tort Claims Act. 1 The “GTCA” was created by, you guessed it, the Oklahoma government in order to “(1) to promote prompt investigations, (2) to provide early opportunity for correction of dangerous conditions, (3) to promote speedy and amicable settlements of claims and (4) to permit the governmental entity to prepare for fiscal consequences.” 2 Sounds good, right?

As we all know, dealing with any government comes with obstacles. The GTCA is no different, but Oklahoma Sewer Lawyers has been navigating through these hurdles on behalf of our clients for over a decade. This article explains some of the ways a municipality can prevent their sewer system from backing up and flooding homes and businesses before a problem arises. This should not serve as legal advice, but as a general guide for sewer backup victims. For more in-depth information or for a case review, contact our office or send an email to logan@buxtonlawgroup.com.

“I filed a tort claim but got denied…”

A common theme amongst municipalities and their insurance companies upon receipt of a Notice of Tort Claim is to deny it almost immediately. It probably says something like: “Oklahoma law has consistently held that a municipality is not an insurer of its sanitary sewer system.” This is their basis for denial, you ask? While it is not a valid reason to deny the claim, the statement is correct. The law, however, states that “[w]hen a municipal corporation assumes the control and management of a sewer system which has been constructed by it and under its supervision, it is bound to use reasonable diligence and care to see that such sewer is not clogged with refuse and is liable for negligence in the performance of such duty to a property owner injured thereby after reasonable notice of the clogged condition of such sewer.” They left that part out of their denial.

1 51 O.S. §§ 151 et al.
2 Calvert v. Tulsa Pub. Schools, Indep. Sch. Dist. No. 1 of Tulsa County, 1996 OK 106, ¶ 19.

There is good news, though. A denial means that the City has waived their 90-day immunity period and can now be sued. That leads to the next question: has every claim you are entitled to make after a sewer backup been included in the Notice of Tort Claim? Have you made claims for both property damage (negligent injury to property) and personal injury (nuisance)? The Notice of Tort Claim dictates what claims you can sue the City for, so they must all be included in order for you to obtain adequate compensation in a lawsuit. For more information on why these are so important to include, check out our previous article entitled “The sewer is backing up into my house…” Basically, you are leaving a lot of money on the table if you don’t include every claim in the Notice of Tort Claim.

What if the City never responded? Well, the Oklahoma legislature built in a rule for when that occurs. Your tort claim is deemed denied if the City has not admitted fault and paid your claim or explicitly denied it within 90 days. Many municipalities, hoping that you’ll be patient and allow all of the GTCA timelines to run, will simply allow 90 days to go by without so much as a response. They won’t tell you that your tort claim is inadequate, or that you are entitled to seek legal representation. They might tell you “it’s out of our hands now, we sent that to the insurance company when you gave it to us.” And then, as many have found out, the statutory deadlines pass and you cannot pursue legal action at all.

If you are lucky enough to be told, or vigilant enough to do your own legal research, you will find out that a lawsuit must be initiated within 180 days of the denial of your Notice of Tort Claim, whether it be expressly or by the passing of 90 days without a response. Six months may sound like a long time, but investigating the cause of the backup and obtaining all of the documentation to survive a motion to dismiss after filing is not a small task. Plus, if your tort claim needs to be revised to include all of the claims, you or your attorney will have to carefully calculate dates and file documents in a strategic manner to comply with the GTCA.

So, what should you do if your tort claim gets denied? Simple: call Buxton Law Group. Better yet, call us before you file a tort claim. We have represented sewer backup victims for more than a decade. Our knowledge of the GTCA, our trial experience and expertise, and our comprehensive understanding of sanitary sewer systems allows us to provide our clients with aggressive representation that is second to none. We will evaluate your case for free and inform you of every option you have, advise you on the proper way to proceed, and get you back on the road to recovery.

Oklahoma City v. Romano, 1967 OK 191, ¶ 9, citing City of Holdenville v. Griggs, 1966 OK 34.

If you find yourself in need of legal representation for a sewer backup matter, we are happy to discuss and review your case without charge.

For more information, check out some of our other articles on sewer backup litigation or give us a call. We’re here to help.

Protect Yourself: Do You need a lawyer?

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My Home Flooded with Sewage. What Should I Do?

“The sewer is backing up into my house!”

Panic sets in almost immediately. The smell is overwhelming, your belongings are being damaged, and you’re wondering what to do next.

If this has happened to you, you’re not alone.

Many Oklahoma homeowners experience sewer backups caused by aging infrastructure, blocked sewer lines, or municipal negligence. While many people assume there’s nothing they can do, Oklahoma law may provide a path to compensation through the **Oklahoma Governmental Tort Claims Act (“GTCA”).**¹

The GTCA was created to **”(1) promote prompt investigations, (2) provide an early opportunity for correction of dangerous conditions, (3) promote speedy and amicable settlements of claims, and (4) permit the governmental entity to prepare for fiscal consequences.”**²

Although the process can be complicated, Oklahoma Sewer Lawyers has spent more than a decade helping homeowners navigate claims against cities and other governmental entities.

This article is intended to provide general information and should not be considered legal advice.

Do I Need a Lawyer?

The sooner you speak with an attorney, the better.

After a sewer backup, important evidence can quickly disappear as cleanup begins and repairs are made. Early legal guidance helps preserve evidence, document your damages, communicate with the city, and protect your legal rights.

If your home experiences a sewer backup, report the emergency to the city immediately. Then contact an experienced attorney as soon as possible.

What If I Didn’t Call a Lawyer Right Away?

You may still have a claim.

Under the GTCA, a Notice of Tort Claim generally must be presented within one (1) year of the date of the sewer backup.³ While you shouldn’t wait, many homeowners don’t realize they have legal rights until weeks or months later.

Our attorneys can determine whether you’re still within the required deadlines and help protect your claim.

What If I’ve Already Filed a Tort Claim?

We regularly help homeowners who have already started the process.

After a Notice of Tort Claim is filed, the governmental entity generally has 90 days to approve or deny the claim. During that time, a lawsuit generally cannot be filed.

If the claim is denied—or if the city does not respond within 90 days—it is generally considered denied. After that, you generally have 180 days to file a lawsuit.⁴

Because these deadlines are strictly enforced, it’s important to speak with an attorney before they expire.

Why Oklahoma Sewer Lawyers?

Claims against cities are different from ordinary insurance claims. They involve unique legal procedures, strict deadlines, and often complex issues related to municipal sewer systems.

For more than a decade, Oklahoma Sewer Lawyers has represented homeowners across Oklahoma whose homes have been damaged by municipal sewer backups. We’ve recovered millions of dollars for families whose lives were disrupted by failing sewer systems, and we’re committed to helping our clients pursue the compensation they deserve.

Contact Us Today

If your home has been damaged by a sewer backup, don’t wait to learn your rights.

We offer free case evaluations, and you pay no attorney’s fees unless we recover compensation for you.

Contact Oklahoma Sewer Lawyers today to discuss your case and learn how we can help.

Legal Authorities

¹ 51 O.S. §§ 151 et seq.

² Calvert v. Tulsa Public Schools, Indep. Sch. Dist. No. 1 of Tulsa County, 1996 OK 106, ¶ 19.

³ 51 O.S. § 156(B).

⁴ 51 O.S. § 157.

Jeff Smith’s Story | Smith VS City of Guymon

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I was referred to Jim by a dear friend of mine, and it was the best decision I ever made to call him.

Sewer Education: What Should My City Be Doing To Prevent Sewer Backups?

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What Should Cities Be Doing to Prevent Sewer Backups?

When most people think about a sewer backup, they picture the aftermath: sewage in the home, ruined floors, damaged furniture, and the overwhelming task of cleaning up. But what many homeowners don’t realize is that many sewer backups are preventable.

Cities and municipalities are responsible for maintaining the public sewer systems that serve their communities. While no sewer system is perfect, proper maintenance and routine inspections can significantly reduce the risk of sewage backing up into homes and businesses.

So, what should your city be doing to help prevent sewer backups?

1. Invest in Preventative Maintenance

The best way to prevent a sewer backup is to stop it before it happens.

According to the Oklahoma Department of Environmental Quality (DEQ), an effective preventative maintenance program can prevent up to 85% of sanitary sewer blockages. Instead of waiting until a line becomes clogged or a neighborhood experiences repeated backups, municipalities should have a routine maintenance schedule designed to identify and fix problems before they become emergencies.

Preventative maintenance often includes:

  • Cleaning sewer mains on a regular schedule
  • Removing grease, roots, and debris from sewer lines
  • Inspecting known problem areas more frequently
  • Keeping detailed maintenance records
  • Repairing damaged sewer lines before they fail

Unfortunately, many municipalities rely on reactive maintenance—responding only after something goes wrong. By then, homeowners may already be dealing with extensive property damage.

2. Regularly Monitor Sewer System Performance

A city can’t fix problems it doesn’t know about.

Routine monitoring allows sewer operators to identify restrictions, blockages, and unusual flow patterns before sewage backs up into homes.

One common method is checking manholes throughout the sewer system to compare normal flow levels. Operators sometimes refer to this as “popping manholes.” If one manhole is nearly empty while the next upstream manhole is full, it may signal a blockage that should be addressed immediately.

Lift stations and wastewater treatment facilities should also be equipped with functioning flow monitors that track changes in the amount of sewage moving through the system. Monitoring this data over time helps operators recognize developing problems long before they become emergencies.

3. Replace Aging Sewer Infrastructure

Sewer systems don’t last forever.

Many sewer lines currently serving Oklahoma communities were installed decades ago. Over time, pipes crack, joints separate, tree roots invade sewer mains, and equipment wears out.

Municipalities should have long-term replacement plans that account for aging infrastructure instead of waiting for a catastrophic failure. Replacing sewer mains, pumps, lift stations, and other critical equipment before they fail is often far less expensive than responding to repeated sewer backups and emergency repairs.

4. Conduct Routine Sewer Inspections

Modern technology gives municipalities several ways to inspect sewer systems before problems become visible.

Regular Sanitary Sewer Evaluation Studies (SSES) can identify cracks, collapsed pipes, root intrusion, inflow and infiltration, and developing blockages.

Some of the most effective inspection methods include:

  • Dye testing to identify flow problems and hidden blockages.
  • Smoke testing to locate cracks and openings where groundwater enters the sewer system.
  • CCTV camera inspections that allow operators to visually inspect sewer lines for damage.
  • SL-RAT (Sewer Line Rapid Assessment Tool) technology, which uses acoustic signals to quickly identify restricted sewer lines before a backup occurs.

Using these tools as part of a scheduled maintenance program allows municipalities to identify problems early instead of waiting until someone’s home is flooded with sewage.

Prevention Is Always Better Than Cleanup

Sewer backups rarely happen without warning. In many cases, blocked lines, deteriorating infrastructure, or maintenance issues develop over months—or even years—before sewage enters someone’s home.

While no city can prevent every sewer backup, routine maintenance, regular inspections, infrastructure improvements, and proactive planning can dramatically reduce the risk.

When municipalities fail to take these steps, homeowners are often left dealing with expensive repairs, damaged belongings, temporary housing, and significant disruption to their lives.

Has Your Home Been Damaged by a Sewer Backup?

If your home has experienced a sewer backup that you believe may have been caused by a city’s negligence, you may have legal rights under Oklahoma law.

At Oklahoma Sewer Lawyers, we’ve spent more than a decade representing homeowners across Oklahoma whose homes have been damaged by failing municipal sewer systems. We’ll review your case, answer your questions, and explain your legal options during a free consultation.

If you’re unsure whether you have a claim, we’re here to help

Client Success Story and Testimonial | The Smiths Story

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He [Jim] was one on one, he didn’t just send someone out to take pictures, it wasn’t like he was too good to walk right in there.