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Oklahoma law

Product Liability Laws in Oklahoma.

Oklahoma applies strict product liability for design, manufacturing, and warning defects. Oklahoma adopted Restatement (Second) Torts § 402A in Kirkland v. General Motors (521 P.2d 1353 (Okla. 1974)). Plaintiffs may recover under strict liability, negligence, or breach of warranty. Oklahoma has a 10-year statute of repose for products (12 Okla. Stat. § 109 for construction/improvements; products typically covered by discovery rule plus reasonable diligence). Oklahoma's noneconomic damages cap under 23 Okla. Stat. § 61.2 applies ($350,000 in most cases).

Last verified: 2026-04-17

State law

Statute of Limitations

2 years12 Okla. Stat. § 95

2-year personal injury statute applies to product liability.

State law

Damage Caps

Noneconomic Damages: $350,000 (non-catastrophic)23 Okla. Stat. § 61.2

Oklahoma caps noneconomic damages at $350,000 in most civil actions. Cap does NOT apply to catastrophic injuries or wrongful death involving (1) substantial or permanent loss of bodily function; (2) permanent disfigurement; or (3) death.

State law

Key Oklahoma Statutes

Strict Product LiabilityKirkland v. General Motors, 521 P.2d 1353 (Okla. 1974)

Oklahoma adopted strict liability for product defects following Restatement (Second) Torts § 402A.

Design Defect — Consumer ExpectationsOklahoma common law

Design defect under the consumer-expectations test: product is defective if it fails to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable manner.

Innocent Seller Immunity76 Okla. Stat. § 57.2

Non-manufacturing seller may be dismissed from product liability action where manufacturer is subject to jurisdiction, not bankrupt, and the seller did not create or contribute to the defect.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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