Tag Archive for: #1LawyerInThe2Business

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.

Protect Yourself: How to Prevent Future Sewer Backups

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How to Help Prevent Future Sewer Backups

While many sewer backups are caused by aging or poorly maintained municipal sewer systems, there are several steps homeowners can take to help reduce their risk.

Review Your Homeowner’s Insurance Coverage

Many homeowners are surprised to learn that standard homeowner’s insurance policies often do not cover sewer backup damage. Sewer backup coverage is frequently offered as an optional endorsement that must be added separately.

Before a problem occurs:

  • Review your homeowner’s insurance policy.
  • Ask your insurance agent whether sewer backup coverage is included.
  • Consider adding sewer backup coverage if it is not already part of your policy.

Having the proper insurance can make a significant difference if your home experiences a sewer backup.

Keep in mind: Even if a municipality is ultimately responsible for a sewer backup, cities are not insurers. Government entities are only liable under specific circumstances established by Oklahoma law.

Consider Installing a Backwater (Back-flow) Valve

If your home is located at a lower elevation than the nearest sewer main or manhole—such as at the bottom of a hill—you may be at a greater risk of sewage backing up into your home.

A backwater valve (also called a backflow valve) is designed to automatically close if sewage begins flowing in the wrong direction, helping prevent wastewater from entering your home.

A licensed plumber can determine whether your property would benefit from a backwater valve and install one if necessary. Once installed, the valve should be inspected and cleaned periodically to ensure it continues working properly.

Watch for Early Warning Signs

Don’t ignore slow drains or recurring plumbing problems. Early warning signs may indicate a blockage or developing issue in the sewer system.

Common warning signs include:

  • Slow-draining sinks, tubs, or showers
  • Toilets that gurgle or drain slowly
  • Unpleasant sewer odors
  • Water backing up into floor drains

If you notice these issues, contact your city’s public works department or a licensed plumber before a minor problem becomes a major backup.

Keep Grease Out of Your Drains

Grease, cooking oil, and fats may go down the drain as liquids, but they cool and harden inside sewer pipes. Over time, they can combine with other debris and create stubborn blockages.

Instead:

  • Allow grease to cool.
  • Place it in a sealed container.
  • Dispose of it in the trash.

Even garbage disposals cannot prevent grease from clogging sewer lines.

Be Mindful of Trees and Landscaping

Tree roots naturally seek out moisture and can grow into small cracks or joints in underground sewer pipes. Once inside, the roots continue to expand, restricting wastewater flow and increasing the likelihood of a backup.

When planting trees or large shrubs, keep them well away from underground sewer lines whenever possible.

Avoid Illegal Sewer Connections

Never connect the following directly to your sanitary sewer system:

  • Sump pumps
  • French drains
  • Foundation drains
  • Other stormwater drainage systems

These connections can overload municipal sewer systems during heavy rainfall, increasing the risk of backups throughout the neighborhood. They are also prohibited in many municipalities.

If you suspect your home has an improper connection, consult a licensed plumber about correcting it.

Department of Environmental Quality – DEQ

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The Oklahoma Department of Environmental Quality (DEQ)

The Oklahoma Department of Environmental Quality (DEQ) is the state agency responsible for protecting Oklahoma’s air, land, and water resources. Its mission is to safeguard public health by preventing pollution, restoring environmental quality, and promoting a clean and sustainable environment for all Oklahomans.

While most residential sewer backups should first be reported to your local municipality or utility provider, the DEQ may become involved when sewage spills or contamination pose a broader environmental or public health risk. The agency investigates environmental complaints, responds to emergencies involving pollution, and works to protect Oklahoma’s water quality.

If you believe a sewer backup or sewage spill has created a significant environmental hazard, you may contact the Oklahoma Department of Environmental Quality for additional guidance or to report an environmental concern.DEQ Map

Protect Yourself: Know The Effects of Sewage Pollution on Humans

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The Effects of Sewage Pollution on Human Health

When raw sewage enters your home or surrounding environment, it is more than just an unpleasant mess—it can pose serious health risks. Sewage contains harmful bacteria, viruses, parasites, chemicals, and other contaminants that can affect both people and the environment.

How Are People Exposed to Sewage?

There are three primary ways sewage contaminants can enter the human body:

Ingestion (Oral Exposure)

People may become sick by accidentally swallowing contaminated water or consuming food that has come into contact with sewage-contaminated water, including fish and shellfish harvested from polluted waters.

Skin Contact (Dermal Exposure)

Raw sewage can enter the body through cuts, scrapes, open wounds, or skin conditions such as eczema or rashes. Even healthy skin can become irritated after prolonged contact with contaminated water.

Inhalation (Aerosol Exposure)

Tiny droplets released into the air during a sewer backup, flood cleanup, pressure washing, or splashing water can be inhaled. These droplets may contain bacteria, viruses, mold spores, and other harmful microorganisms.

Why Is Raw Sewage Dangerous?

Domestic sewage comes from everyday household activities, including:

  • Toilets
  • Kitchen sinks
  • Showers and bathtubs
  • Bathroom sinks
  • Washing machines
  • Dishwashers
  • Garbage disposals

Although household wastewater may seem harmless, it contains a mixture of organic waste, chemicals, detergents, grease, food particles, and disease-causing microorganisms.

Common contaminants found in sewage include:

  • Bacteria such as E. coli and Salmonella
  • Viruses
  • Parasites
  • Mold and fungi
  • Household chemicals and cleaning products
  • Phosphates and detergents
  • Human waste

Health Effects of Sewage Exposure

Exposure to raw sewage can cause a wide range of illnesses and medical conditions, including:

  • Gastrointestinal illnesses
  • Nausea and vomiting
  • Diarrhea
  • Skin rashes and infections
  • Eye, nose, and throat irritation
  • Respiratory problems
  • Ear infections
  • Fever
  • Hepatitis
  • Serious bacterial infections

Children, older adults, pregnant women, and individuals with weakened immune systems are especially vulnerable to sewage-related illnesses.

Environmental Impact

When sewage enters rivers, lakes, streams, or groundwater, microorganisms begin breaking down the organic waste. This process consumes oxygen in the water, making it difficult for fish and other aquatic life to survive.

In addition, chemicals from soaps, detergents, and household cleaning products contribute to water pollution by disrupting aquatic ecosystems and contaminating drinking water supplies.

How to Reduce the Risk of Sewer Backups

While many sewer backups are caused by municipal sewer system failures, homeowners can help reduce certain risks by following these practices:

  • Never pour grease, fats, or cooking oil down the drain. Dispose of them in the trash after they cool.
  • Avoid flushing wipes, paper towels, feminine hygiene products, or other non-flushable items.
  • Plant trees and large shrubs away from sewer lines, as tree roots can crack and clog underground pipes.
  • Never connect sump pumps, French drains, or other stormwater systems to the sanitary sewer. These illegal connections can overload municipal sewer systems and increase the risk of backups.
  • Have your private sewer line inspected if you notice slow drains, recurring clogs, or sewage odors.

Read here to learn more about how to prevent future sewer backups in your home: https://sewerlawyers.com/precautionary-measures/

Oklahoma City Homeowners Left Waiting After Construction Site Floods Neighborhood

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OKC KFOR image

Oklahoma City Homeowners Left Waiting After Construction Site Floods Neighborhood

Oklahoma City, Oklahoma – What began as a flash flood quickly turned into a devastating nightmare for homeowners on North Florida Avenue. Instead of simply dealing with stormwater, families found themselves facing extensive property damage, costly repairs, and months of uncertainty.

According to city officials, runoff from a nearby construction site owned by A-List Construction overwhelmed the neighborhood after stormwater erosion controls reportedly failed during heavy rainfall.

Oklahoma City Public Works Director Eric Wenger stated that construction companies are required to install and maintain stormwater quality controls to prevent this type of damage. In this case, officials acknowledged that several of those systems failed, allowing floodwaters to impact surrounding homes.

For homeowners like Paul and Christine Selco, the flooding caused thousands of dollars in damage. The Selcos estimate that restoring their home will cost at least $7,500—an expense made even more difficult as Christine battles Stage 4 cancer.

“To me, it shows a lack of concern for your fellow man,” Paul Selco told KFOR. “I think it’s pretty much inexcusable.”

Neighbor Evans also suffered extensive damage. During the cleanup process, he was forced to stay in hotels before eventually sleeping on an air mattress in his garage after his replacement air conditioning unit was stolen.

“In the 26 years I’ve lived here, I never thought anything like that would be happening,” Evans said.

As weeks turned into months, many residents became frustrated by the lack of communication and answers.

Several homeowners turned to Jim Buxton of Oklahoma Sewer Lawyers for legal representation.

“They keep hearing nothing. They’re frustrated, and they should be,” Buxton said. “A complete and total mess that they just left these homeowners hanging.”

At least two homeowners filed claims with the City of Oklahoma City. City officials confirmed they were investigating the incident but declined to comment further while the investigation remained ongoing.

According to KFOR, A-List Construction directed media inquiries to its attorney. At the time of the report, no response had been provided.

Holding Negligent Parties Accountable

When construction projects fail to properly manage stormwater runoff, nearby homeowners can suffer significant property damage and financial hardship. Whether the responsible party is a municipality, contractor, or private company, homeowners deserve answers—and they deserve experienced legal representation.

At Oklahoma Sewer Lawyers, we fight for Oklahoma families whose homes have been damaged by flooding, sewer backups, and negligence. If your property has been damaged because of failing infrastructure, improper drainage, or negligent construction practices, our team is here to help you understand your legal rights.

Need help after a flood or sewer backup?

Call Oklahoma Sewer Lawyers today at (405) 604-5577 for a free consultation

Client Testimonial | Marcia D. Hamilton
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Never in my life did I ever think I would need an attorney for anything, but circumstances that were beyond my control changed that for me, so then I knew that I really did need someone. An acquaintance recommended Jim Buxton, and I am so thankful that I moved forward and contacted him. I was extremely nervous and scared, as I did not know what to expect. But the minute I met Jim and his staff, I knew I had made the right decision. My fears were immediately relieved.

Jim has an overwhelming passion for what he believes in, which is “right and wrong”. He and his staff went above and beyond what I believe any other law firm would have done. Their efforts are more appreciated than they will ever know. Thank you Buxton Law Group, from the bottom of my heart.

Know The Laws: (Continued) Chapter 5 The Governmental Tort Claims Act

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(Continued) Chapter 5 The Governmental Tort Claims Act

 

Section 162 – Constitutional or Statutory Rights, Privileges or Immunities – Violation by Employee – Defending – Indemnification – Right of Recovery – Punitive or Exemplary Damages

 

A. The state or any political subdivision, subject to procedural requirements imposed by this section, other applicable statute, ordinance, resolution, or written policy, shall:

1. Provide a defense for any employee as defined in Section 152 of this title when liability is sought for any violation of property rights or any rights, privileges, or immunities secured by the Constitution or laws of the United States when alleged to have been committed by the employee while acting within the scope of employment;

2. Pay or cause to be paid any judgment entered in the courts of the United States, the State of Oklahoma or any other state against any employee or political subdivision or settlement agreed to by the political subdivision entered against any employee, and any costs or fees, for a violation of property rights or any rights, privileges or immunities secured by the Constitution or laws of the United States which occurred while the employee was acting within the scope of employment. The maximum aggregate amount of indemnification paid directly from funds of the state or any political subdivision to or on behalf of any employee pursuant to this section shall not exceed the maximum figures authorized by the provisions of Section 154 of this title, regardless of the number of persons who suffer damage, injury or death as a result of the occurrence, unless, in the case of a political subdivision, the political subdivision establishes higher limits by ordinance, if a municipality, or, as to other political subdivisions, by resolution, published as required by law; and

3. For any cause of action filed against an employee on or after January 1, 1990, post or cause to be posted any supersedeas or other bond ordered by the court.

B. 1. The state or a political subdivision shall not be required to indemnify any employee of the state or a political subdivision under the provisions of this section, unless the employee is judicially determined to be entitled to such indemnification and a final judgment therefor is entered. The exclusive means of recovering indemnification from the state shall be by filing an application for indemnification in the district court of the county where venue is proper as provided for in paragraph 2 of this subsection. The exclusive means of recovering indemnification from a political subdivision shall be by filing an application for indemnification in the trial court where the judgment was entered. If the federal trial court cannot hear the action, such application shall be filed in the district court of the county where the situs of the municipality is located. Actions to determine entitlement to indemnification shall be tried to the court, sitting without a jury.

2. Venue for actions to determine entitlement to indemnification from the state shall be in Oklahoma County, except that a constitutional state agency, board or commission may, upon a resolution being filed with the Secretary of State, designate another situs for venue in lieu of Oklahoma County.

3. All applications for indemnification from the state or a political subdivision shall be filed in the name of the real party or parties in interest, and in no event shall any application be presented nor recovery made under the right of subrogation. Indemnification from the state as provided for in this subsection shall extend only to acts or omissions occurring on or after January 1, 1984. The employee of the state or a political subdivision must file an application for indemnification within thirty (30) days of final judgment, or the right to seek indemnification shall be lost forever.

4. In order to recover indemnification from the state or a political subdivision pursuant to this subsection, the court shall determine by a preponderance of the evidence that:

a. the employee reasonably cooperated in good faith in the defense of the action upon which the judgment or settlement was awarded and for which indemnification is sought;

b. the actions or omissions upon which such a judgment or settlement has been rendered were not the result of fraudulent conduct or corruption by the employee;

c. the employee, in committing the acts or omissions upon which a judgment or settlement has been rendered was acting in good faith and within any applicable written administrative policies known to the employee at the time of the omissions or acts alleged;

d. the employee was acting within the scope of employment at the time that the acts or omissions upon which a judgment or settlement has been rendered were committed by the employee;

e. the acts or omissions of the employee upon which a judgment or settlement has been rendered were not motivated by invidious discriminatory animus directed toward race, sex, or national origin; and

f. when punitive or exemplary damages are included in the total award rendered against the employee of a political subdivision, the indemnification amount sought for fees and costs does not include amounts attributable to the employee’s defense against the punitive or exemplary damages in accordance with subsection D of this section.

5. a. Any indemnification judgment against the state under this section shall be an encumbrance against otherwise available unencumbered monies and unallocated unencumbered monies in the appropriations of the agency on whose behalf the employee to be indemnified was acting at the time of the act or omission upon which the judgment or settlement was awarded and for which indemnification was sought.

b. If sufficient unencumbered monies or unallocated unencumbered monies do not exist in the agency’s appropriations to pay the indemnification, the agency shall make application to the Risk Management Division of the Office of Management and Enterprise Services for full payment of the indemnification out of the Risk Management Revolving Fund established pursuant to Section 85.58K of Title 74 of the Oklahoma Statutes. Payment out of this fund shall be authorized if there are sufficient monies greater than the sum total of the then pending fund indemnification judgment requests, and the reserves for future tort claims as certified by the Director of Risk Management.

c. If sufficient monies do not exist in the Tort Claims Liability Revolving Fund, the agency shall request the Legislature to make an appropriation sufficient to pay the indemnification.

d. Any indemnification judgment against a political subdivision shall be paid as provided in Sections 361 through 365.6 of Title 62 of the Oklahoma Statutes and Section 159 of this title.

C. The state or political subdivision shall have the right to recover from an employee the amount expended by the state or political subdivision to provide a defense, or pay a settlement agreed to by the employee and the state or political subdivision, or pay the final judgment, if it is shown that the employee’s conduct which gave rise to the action was fraudulent or corrupt or if the employee fails to reasonably cooperate in good faith in defense of the action.

D. The state or a political subdivision shall not, under any circumstances, be responsible to pay or indemnify any employee for any punitive or exemplary damages rendered against the employee, nor to pay for any defense, judgment, settlement, costs, or fees which are paid or covered by any applicable policy or contract of insurance. Where any civil rights judgment upon which indemnification under subsection B of this section is applied for by an employee of the state includes an award for both actual and punitive or exemplary damages, the total amount of fees and costs for which indemnification may be allowed shall be limited to the percentage of fees and costs in the total award that the percentage of the award of actual damages bears to the total judgment awarded. It is the public policy of the State of Oklahoma that the state or a political subdivision may indemnify its employee for actual damages, fees, and costs as provided herein in any case in which the findings set out in paragraph B of this section have been determined.

E. Nothing in this section shall be construed to waive any immunities available to the state under the terms of the Eleventh Amendment to the Constitution of the United States. Any immunity or other bar to a civil lawsuit under state or federal law shall remain in effect. The fact that the state or a political subdivision may relieve an employee from all judgments, settlements, costs, or fees arising from the civil lawsuit shall not, under any circumstances, be communicated to any trier of fact in the case of any trial by jury.

 

Section 163 – Venue – Parties – Service of Process – Evidence of Insurance

 

A. Venue for actions against the state within the scope of this act shall be either the county in which the cause of action arose or Oklahoma County, except that a constitutional state agency, board or commission may, upon resolution filed with the Secretary of State, designate another situs for venue in lieu of Oklahoma County.

B. Actions against all political subdivisions within the scope of this act shall be brought in the county in which the situs of the political subdivision is located or in the county in which the cause of action arose; provided, any action brought against a municipality which is an owner of a dam, based upon the construction, maintenance, or operation of the dam, shall be brought in the county where the dam or a major portion of the dam is located.

C. Suits instituted pursuant to the provisions of this act shall name as defendant the state or the political subdivision against which liability is sought to be established. In no instance shall an employee of the state or political subdivision acting within the scope of his employment be named as defendant with the exception that suits based on the conduct of resident physicians and interns shall be made against the individual consistent with the provisions of Title 12 of the Oklahoma Statutes.

D. All actions against the state or political subdivision shall be filed in the name of the real party or parties in interest, and in no event shall any claim be presented nor recovery be made under the right of subrogation.

E. In all actions against the state, service shall be perfected by mailing, by certified mail, return receipt requested, a summons and a copy of the petition to the Attorney General. Claimant shall also mail, by certified mail, return receipt requested, a copy of the summons and a copy of the petition to the administrative head of the state agency or agencies involved and a copy of the summons and a copy of the petition to the Risk Management Administrator of the Purchasing Division of the Office of Management and Enterprise Services.

F. In suits against political subdivisions the petition and summons shall be served in the manner prescribed by law for civil cases generally. If no method is prescribed by law, then service may be had on the administrative head of the political subdivision being sued, if available, and if not, the court in which the suit is pending may authorize service in such manner as may be calculated to afford the political subdivision a fair opportunity to answer and defend the suit.

G. No attempt shall be made in the trial of any action brought against the state or any political subdivision or employee within the scope of this act to suggest the existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of the plaintiff.

 

Section 164 – Application of Oklahoma Laws and Statutes and Rules of Procedure

 

The laws and statutes of the State of Oklahoma and the Rules of Civil Procedure, as promulgated and adopted by the Supreme Court of Oklahoma insofar as applicable and to the extent that such rules are not inconsistent with the provisions of this act, shall apply to and govern all actions brought under the provisions of this act.

 

Section 165 – Exempt Claim

 

This act does not apply to any claim against any political subdivision or employee arising before the effective date of this act. Any such claim may be presented and enforced to the same extent and subject to the same procedures and restrictions as if this act had not been adopted.

 

Section 166 – Governmental and Proprietary Functions of Political Subdivisions – Application of Act

 

The distinction existing between governmental functions and proprietary functions of political subdivisions shall not be affected by the provisions of this act; however the provisions of this act shall apply to both governmental and proprietary functions.

 

Section 167 – Insurance

 

A. The governing body of any municipality may:

1. Insure the municipality against all or any part of any liability it may incur for death, injury or disability of any person or for damage to property, either real or personal;

2. Insure any employee of the municipality against all or any part of his liability for injury or damage resulting from an act or omission in the scope of employment;

3. Insure against the expense of defending a claim against the municipality or its employee, whether or not liability exists on such claim; or

4. Insure the municipality or its employee against any loss, damage or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes.

The cost or premium of any such insurance is a proper expenditure of the municipality.

As used in this subsection, “employee” means any person who has acted in behalf of a municipality, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis. Employee also includes all elected or appointed officers, members of governing bodies of a municipality, and persons appointed, and other persons designated by a municipality to act in its behalf.

B. Any insurance authorized by law to be purchased, obtained or provided by a municipality may be provided by:

1. Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes. Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the municipality makes its annual estimate for needed appropriations;

2. Insurance in any insurer authorized to transact insurance in this state;

3. Insurance secured in accordance with any other method provided by law; or

4. Any combination of insurance authorized by this section.

C. Notwithstanding any other provision of law, two or more municipalities or public agencies who are affiliated in an insurance program which was originated prior to January 1, 2006, by interlocal agreement made pursuant to Section 1001 et seq. of Title 74 of the Oklahoma Statutes, may provide insurance for any purpose by any one or more of the methods specified in this section. The pooling of self-insured reserves, claims or losses among governments as authorized in this act shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies. Two or more municipalities may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each municipality or apportioned among participating municipalities as provided by the master policy or contract.

 

Section 168 – Repealed by Laws 2005

 

Section 168 – Repealed by Laws 2005, SB 668, c. 472, § 17, emerg. eff. July 1, 2005

 

Section 169 – Counties – Insurance

 

A. The governing body of any county may:

1. Insure the county against all or any part of any liability it may incur for death, injury or disability of any person or for damage to property, either real or personal;

2. Insure any employee of the county against all or any part of his liability for injury or damage resulting from an act or omission in the scope of employment;

3. Insure against the expense of defending a claim against the county or its employee, whether or not liability exists on such claim; or

4. Insure the county or its employee against any loss, damage or liability as defined by Sections 702 through 708 of Title 36 of the Oklahoma Statutes, or other forms of insurance provided for in Title 36 of the Oklahoma Statutes. The cost or premium of any such insurance is a proper expenditure of the county.

As used in this subsection, “employee” means any person who has acted in behalf of a county, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis. Employee also includes all elected or appointed officers, members of governing bodies of a county, and persons appointed, and other persons designated by a county to act in its behalf.

B. Any insurance authorized by law to be purchased, obtained or provided by a county may be provided by:

1. Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes. Any self-insurance reserve fund shall be nonfiscal and shall not be considered in computing any levy when the county makes its annual estimate for needed appropriations;

2. Insurance in any insurer authorized to transact insurance in this state;

3. Insurance secured in accordance with any other method provided by law; or

4. Any combination of insurance authorized by this section.

C. Two or more counties or public agencies, by interlocal agreement made pursuant to Sections 100 et seq. of Title 74 of the Oklahoma Statutes, may provide insurance for any purpose by any one or more of the methods specified in this section. The pooling of self-insured reserves, claims or losses among governments as authorized in this act shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies. Two or more counties may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each county or apportioned among participating counties as provided by the master policy or contract.

 

Section 170 – Application of Laws

 

This act is exclusive and supersedes all home rule charter provisions and special laws on the same subject heretofore, and all acts or parts of acts in conflict herewith are repealed.

 

Section 171 – Abrogation

 

Nothing in this act shall abrogate or amend in any way presently existing remedies, causes of actions or claims presently existing on behalf of individuals or citizens. This act does not apply to any claim against the state or political subdivision arising before the effective date of this act.

 

Section 172 – Authority to Insure to Not for Profit Corporations with Primary Purpose of Developing and Providing Water and Sewage Disposal

 

A. The governing body of any corporation organized not for profit for the primary purpose of developing and providing rural water supply and sewage disposal facilities to serve rural residents and districts formed pursuant to the Rural Water, Sewer, Gas and Solid Waste Management Districts Act, Section 1324.1 et seq. of Title 82 of the Oklahoma Statutes, may:

1. Insure said entity against all or any part of any liability it may incur for death, injury or disability of any person or for damage to property, either real or personal;

2. Insure any employee of said entity against all or any part of his liability for injury or damage resulting from an act or omission in the scope of employment;

3. Insure against the expense of defending a claim against said entity or its employee, whether or not liability exists on such claim;

4. Insure said entity or its employee against any loss, damage or liability as provided by Sections 702 through 708 of Title 36 of the Oklahoma Statutes; or

5. Provide other forms of insurance provided for in Title 36 of the Oklahoma Statutes.

The cost or premium of any such insurance is a proper expenditure of said entity.

As used in this subsection, “employee” means any person who has acted in behalf of said entity, whether that person is acting on a permanent or temporary basis with or without being compensated or on a full-time or part-time basis. The term “employee” shall also include but not be limited to all elected or appointed officers, members of governing bodies of said entity, and other persons designated by said entity to act in its behalf.

B. Any insurance authorized by law to be purchased, obtained or provided by said entity may be provided by:

1. Self-insurance, which may be, but is not required to be, funded by appropriations to establish or maintain reserves for self-insurance purposes;

2. Insurance with any insurer authorized to transact insurance in this state;

3. Insurance secured in accordance with any other method provided by law; or

4. Any combination of insurance authorized by this section.

C. Two or more said entities or public agencies, by interlocal agreement made pursuant to Section 1001 et seq. of Title 74 of the Oklahoma Statutes, may provide insurance for any purpose by any one or more of the methods specified in this section. The pooling of self-insured reserves, claims or losses among said entities as authorized in this act shall not be construed to be transacting insurance nor otherwise subject to the provisions of the laws of this state regulating insurance or insurance companies. Two or more said entities may also be insured under a master policy or contract of insurance. Premium costs may be set individually for each entity or apportioned among participating entities as provided by the master policy or contract.