Oklahoma
Oklahoma Punitive Damages Laws: Three Categories and Caps (2026)
Independently fact-checked against primary sources (last audited October 18, 2026). · 12 primary sources cited on this page. How we verify our legal content
Oklahoma allows punitive damages under 23 O.S. 9.1, which sets three categories with different limits: in Category I (reckless disregard) the award may not exceed the greater of $100,000 or the actual damages; in Category II (intentional and malicious conduct) the greatest of $500,000, twice the actual damages or the defendant's increased financial benefit; and in Category III, where the court also finds beyond a reasonable doubt that the conduct was intentional, malicious and life-threatening to humans, there is no limit. The jury must find the qualifying conduct by clear and convincing evidence and then sets the amount in a separate proceeding.
Punitive damages are also available in proper wrongful death cases (12 O.S. 1053(C)) and are barred against the state and political subdivisions (51 O.S. 154(C)). For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Oklahoma state law on punitive damages in civil cases: 23 O.S. 9.1, 12 O.S. 1053(C), the government-liability, pleading, procedure and claim-specific statutes named below, and the Oklahoma Supreme Court decision cited. It does not cover compensatory or noneconomic damages generally, including the 2025 noneconomic damages section, 23 O.S. 61.3, beyond explaining how it differs (see Oklahoma medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Oklahoma wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does Oklahoma allow punitive damages?
Yes. Section 9.1(A) of Title 23 provides that "in an action for the breach of an obligation not arising from contract, the jury, in addition to actual damages, may, subject to the provisions and limitations in subsections B, C and D of this section, award punitive damages for the sake of example and by way of punishing the defendant." Oklahoma statutes use "punitive" and "exemplary" damages for the same remedy.
Every award fits one of three categories. Each category starts with a jury finding "by clear and convincing evidence," and each lets the jury award punitive damages only "in a separate proceeding conducted after the jury has made such finding and awarded actual damages." Section 9.1 does not define "reckless disregard" or "malice." The Oklahoma Supreme Court, quoting the uniform civil jury instruction (OUJI 5.6), has described reckless disregard as conduct where the defendant "was either aware, or did not care, that there was a substantial and unnecessary risk that [its] conduct would cause serious injury to others," the conduct was "unreasonable under the circumstances," and there was "a high probability that the conduct would cause serious harm to another person." The same instruction defines malice as "either hatred, spite, or ill-will, or else the doing of a wrongful act intentionally without just cause or excuse" (Gowens v. Barstow, 2015 OK 85, 364 P.3d 644).
The three categories and their caps
| Category | What the jury must find (clear and convincing evidence) | Limit on punitive damages | Statute |
|---|---|---|---|
| I | The defendant was guilty of reckless disregard for the rights of others, or an insurer recklessly disregarded its duty to deal fairly and act in good faith with its insured | The greater of $100,000 or the actual damages awarded | 23 O.S. 9.1(B) |
| II | The defendant acted intentionally and with malice towards others, or an insurer intentionally and with malice breached that duty | The greatest of $500,000, twice the actual damages awarded, or the increased financial benefit derived from the conduct (the financial-benefit measure is reduced by prior punitive payments for the same conduct) | 23 O.S. 9.1(C) |
| III | The same finding as Category II, plus a court finding, on the record and out of the jury's presence, of evidence beyond a reasonable doubt that the defendant acted intentionally and with malice and engaged in conduct life-threatening to humans | No limit: "any amount the jury deems appropriate" | 23 O.S. 9.1(D) |
Category I. Under 9.1(B), the jury "may award punitive damages in an amount not to exceed the greater of: a. One Hundred Thousand Dollars ($100,000.00), or b. the amount of the actual damages awarded."
Category II. Under 9.1(C), the limit is "the greatest of: a. Five Hundred Thousand Dollars ($500,000.00), b. twice the amount of actual damages awarded, or c. the increased financial benefit derived by the defendant or insurer as a direct result of the conduct causing the injury to the plaintiff and other persons or entities." The financial-benefit measure carries an offset: "The trial court shall reduce any award for punitive damages awarded pursuant to the provisions of subparagraph c of this paragraph by the amount it finds the defendant or insurer has previously paid as a result of all punitive damage verdicts entered in any court of this state for the same conduct by the defendant or insurer."
Category III. Under 9.1(D), when the jury finds intentional malice by clear and convincing evidence "and the court finds, on the record and out of the presence of the jury, that there is evidence beyond a reasonable doubt that the defendant or insurer acted intentionally and with malice and engaged in conduct life-threatening to humans," the jury "may award punitive damages in any amount the jury deems appropriate, without regard to the limitations set forth in subsections B and C of this section."
Insurers. Categories I, II and III each include an insurer's breach of its "duty to deal fairly and act in good faith with its insured," so the same limits apply to an insurer's reckless or intentional bad faith toward its insured.
Awards outside the rules are void. Subsections B and C each end: "Any award of punitive damages under this subsection awarded in any manner other than as required in this subsection shall be void and reversible error."
The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Oklahoma verdicts; the punitive damages hub explains them. Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.
How the jury sets the amount
In Oklahoma the jury, not the judge, sets the amount, within the category limit. Section 9.1(E) provides that "in determining the amount, if any, of punitive damages to be awarded under either subsection B, C or D of this section, the jury shall make the award based upon the factors set forth in subsection A." Those factors are:
- the seriousness of the hazard to the public arising from the defendant's misconduct;
- the profitability of the misconduct to the defendant;
- the duration of the misconduct and any concealment of it;
- the degree of the defendant's awareness of the hazard and of its excessiveness;
- the attitude and conduct of the defendant upon discovery of the misconduct or hazard;
- for a corporation or other entity, the number and level of employees involved in causing or concealing the misconduct; and
- the financial condition of the defendant.
The judge's separate role is the Category III threshold: the beyond-a-reasonable-doubt finding that lifts the limits is made by the court, on the record, outside the jury's presence.
Which cases the current section governs. Section 9.1(G) provides: "This section shall apply to all civil actions filed after the effective date of this act." The section was added by Laws 1995, c. 287, and amended by Laws 2002, c. 462, effective July 1, 2002.
Is the 2025 damages cap a punitive damages cap?
No. In 2025 the Legislature added 23 O.S. 61.3 (Laws 2025, c. 311), a section about noneconomic damages in actions arising from claimed bodily injury. It uses some of the same words as 9.1: under 61.3(E), "there shall be no limit on the amount of noneconomic damages that the trier of fact may award" where the judge and jury find by clear and convincing evidence that the defendant's acts or failures to act were "in reckless disregard for the rights of others," "grossly negligent," "fraudulent," or "intentional or with malice." That language lifts a noneconomic damages limit; it says nothing about punitive damages, and section 9.1 was not amended.
Section 61.3 "shall apply to injuries occurring on or after the effective date of this act" (61.3(H)), and it "shall not apply to actions brought under The Governmental Tort Claims Act or actions brought pursuant to Section 7 of Article XXIII of the Oklahoma Constitution" (61.3(G)). For noneconomic damages in health care cases, see Oklahoma medical malpractice law.
Claim-specific limits and rules
Some statutes for particular claims set their own limits or rules alongside 9.1:
- Workers' compensation retaliation (85A O.S. 7). An employer may not retaliate against an employee who in good faith filed a claim under the Administrative Workers' Compensation Act, retained a lawyer for such a claim, instituted a proceeding under the act, or testified or is about to testify in one (85A O.S. 7(A)). An employer that violates the section is liable for "reasonable damages, actual and punitive if applicable," and "exemplary or punitive damage awards made pursuant to this section shall not exceed One Hundred Thousand Dollars ($100,000.00)." The employee's burden under that section is "a preponderance of the evidence" (85A O.S. 7(C)).
- Trade secret misappropriation. Under the Uniform Trade Secrets Act, "if willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made pursuant to the provisions of subsection A of this section" (78 O.S. 88(B)).
- Patent infringement demand letters (23 O.S. 111-114). Section 112 prohibits certain written or electronic communications that assert a United States patent and state that the recipient is infringing. A court may award a plaintiff who prevails in an action brought under that act "punitive damages in an amount equal to Fifty Thousand Dollars ($50,000.00), or three (3) times the total damages, costs and fees, whichever is greater" (23 O.S. 114). The statute sets the amount; it is not a cap.
- Online impersonation: a $500 floor. 12 O.S. 1450(B) makes a person liable for online impersonation who knowingly uses another's name, voice, signature, photograph or likeness through social media to create a false identity, without consent, to harm, intimidate, threaten or defraud that person. Under 12 O.S. 1450(D), "punitive damages of no less than Five Hundred Dollars ($500.00) per individual may be awarded to the injured party or parties." This is a minimum, not a cap.
- Vulnerable adults (2025). A person who commits neglect or financial neglect against a vulnerable adult is liable for actual damages "and shall be liable for punitive damages as Oklahoma law otherwise allows"; for exploitation or abuse, the liability is "three times the actual damages incurred by the vulnerable adult" plus punitive damages as Oklahoma law otherwise allows. These claims "follow and otherwise be subject to the general laws governing civil claims," including Titles 12 and 23 (43A O.S. 14-104(B), (C), (E), added by Laws 2025, c. 177, effective Nov. 1, 2025).
- Unpaid or underpaid oil and gas proceeds. In litigation over unpaid or underpaid proceeds from production, punitive or exemplary damages are not recoverable "unless there shall be a determination by the finder of fact upon clear and convincing evidence that the holder who failed to pay such proceeds did so with the actual, knowing and willful intent" to deceive the person to whom the proceeds were due or to deprive proceeds from a person the holder knows is entitled to them (52 O.S. 903).
- Real estate disclosure. A real estate licensee who complied with 59 O.S. 858-515.1 is not liable for any damages over conflicting size or area information, "including exemplary or punitive damages" (858-515.1(D)). The remedy under 59 O.S. 858-515.2(B) is actual damages and "shall not include exemplary or punitive damages." For a property-condition disclosure failure by a seller or licensee, the exclusive remedy is actual damages, including repair cost, and "shall not include the remedy of exemplary damages" (60 O.S. 837(B)).
- Shoplifting (21 O.S. 1731.1). An adult or minor against whom judgment is rendered for taking merchandise offered for sale by a store or other mercantile establishment, without consent and intending to convert it without paying, "may also be required to pay exemplary damages." In lieu of the exemplary damages, the person may be required to perform public service designated by the court, at least the hours needed to satisfy the damages assessed at the federal minimum wage, "but in no case less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00)" (21 O.S. 1731.1(D), (E)).
- Minors and persons of unsound mind. "A minor or person of unsound mind cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was wrongful" (15 O.S. 26).
- Arbitration. An arbitrator may award punitive damages "if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award," and must state the factual and legal basis and "state separately the amount of the punitive damages or other exemplary relief" (12 O.S. 1872(A), (E)).
Does Oklahoma take a share of the award?
No general Oklahoma statute sends any part of a punitive award to the state or a fund. Section 9.1 contains no such provision, and in a wrongful death case 12 O.S. 1053(C) distributes punitive damages to the decedent's family. None of the claim-specific statutes named on this page creates a state share.
Punitive damages in Oklahoma wrongful death cases
Punitive damages are available in proper death cases. 12 O.S. 1053(C) provides:
"In proper cases, as provided by Section 9.1 of Title 23 of the Oklahoma Statutes, punitive or exemplary damages may also be recovered against the person proximately causing the wrongful death or the person's representative if such person is deceased. Such damages, if recovered, shall be distributed to the surviving spouse and children, if any, or next of kin in the same proportion as personal property of the decedent."
Two points follow from the text. The 9.1 categories, standards and limits govern the award, and a claim may proceed against the representative of a wrongdoer who has died. The rest of a death claim, including who brings it and the deadline, is on the Oklahoma wrongful death page.
Government defendants and public employees
The state and political subdivisions. "No award for damages in an action or any claim against the state or a political subdivision shall include punitive or exemplary damages" (51 O.S. 154(C)). Section 154 was amended twice in 2025 (Laws 2025, c. 292 and c. 314). A 2026 act on duplicate sections (Laws 2026, c. 217, emergency effective May 6, 2026) amended the c. 314 version and repealed the c. 292 version; the remaining section keeps this sentence.
Employees. The state does not pay punitive damages awarded against its employees: "Nothing in this act shall be construed to authorize the state or political subdivision to pay for any punitive or exemplary damages rendered against an employee" (51 O.S. 160). The indemnification provision, 51 O.S. 162(D), adds that "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." When a state employee's civil rights judgment includes both actual and punitive damages, 162(D) limits the fees and costs that may be indemnified to the share that the actual damages bear to the total judgment.
Pleading, interest and appeal
No dollar figure in the petition. Under 12 O.S. 2009(G), "in actions where exemplary or punitive damages are sought, the petition shall not state a dollar amount for damages sought to be recovered but shall state whether the amount of damages sought to be recovered is in excess of or not in excess of the amount required for diversity jurisdiction pursuant to Section 1332 of Title 28 of the United States Code."
Interest. When punitive damages are awarded in an action for personal injury or injury to personal rights, "the interest on that award shall begin to accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk" (12 O.S. 727.1(G)). Section 727 has the same subsection G for older judgments.
No appeal bond. "For judgments entered after November 1, 2009, appeal bonds shall not be required for appeals of punitive damages" (12 O.S. 990.4(I)).
Does insurance pay punitive damages in Oklahoma?
Generally not, except for vicarious liability. Answering certified questions in Dayton Hudson Corp. v. American Mutual Liability Insurance Co., 621 P.2d 1155 (Okla. 1980), the Oklahoma Supreme Court held that "(a) the insurance policy in suit includes coverage for punitive damages; (b) public policy is generally contravened by coverage of punitive damages; (c) an exception to public policy exists when the insured's liability is imposed vicariously." It added that an insured's prior knowledge of an agent's propensity to commit the wrong does not bar recovery against the insurer unless the insured was guilty of "gross negligence" in not discharging the agent. The decision dates from 1980, before the 1995 and 2002 versions of section 9.1.
Oklahoma punitive damages at a glance
| Question | Oklahoma rule | Source |
|---|---|---|
| When available | Actions for breach of an obligation not arising from contract | 23 O.S. 9.1(A) |
| Burden of proof | Clear and convincing evidence; Category III also needs a court finding beyond a reasonable doubt | 23 O.S. 9.1(B)-(D) |
| Who sets the amount | The jury, in a separate proceeding, on seven factors | 23 O.S. 9.1(A), (E) |
| Category I cap | Greater of $100,000 or actual damages | 23 O.S. 9.1(B) |
| Category II cap | Greatest of $500,000, twice actual damages, or increased financial benefit | 23 O.S. 9.1(C) |
| Category III | No limit | 23 O.S. 9.1(D) |
| Claim-specific limits | $100,000 for workers' compensation retaliation; trade secret misappropriation up to twice any award under subsection A | 85A O.S. 7(C); 78 O.S. 88(B) |
| Claim-specific set amounts or floors | Patent infringement demand letters: $50,000 or three times total damages, costs and fees, whichever is greater; online impersonation: at least $500 per individual | 23 O.S. 114; 12 O.S. 1450(D) |
| 2025 noneconomic cap | A separate law about noneconomic damages; not a punitive cap | 23 O.S. 61.3 |
| State share | No general split-recovery statute | 23 O.S. 9.1; 12 O.S. 1053(C) |
| Wrongful death | Available in proper cases under 9.1, including against a deceased wrongdoer's representative | 12 O.S. 1053(C) |
| Government | No punitive damages against the state or a political subdivision | 51 O.S. 154(C) |
| Pleading | No dollar amount; state only whether above or below the federal diversity amount | 12 O.S. 2009(G) |
| Insurance | Generally against public policy; exception for vicarious liability | Dayton Hudson (Okla. 1980) |
Recent changes
Section 9.1 was last amended in 2002 (Laws 2002, c. 462). The 2025 session produced three related changes: the noneconomic damages section 23 O.S. 61.3 (Laws 2025, c. 311), which is not a punitive cap; the vulnerable-adult civil claim in 43A O.S. 14-104 (Laws 2025, c. 177, effective Nov. 1, 2025), which allows punitive damages as Oklahoma law otherwise allows; and the 2025 amendments to 51 O.S. 154 (Laws 2025, c. 292 and c. 314), reduced to one version in 2026 (Laws 2026, c. 217), all keeping the bar on punitive damages against the state and political subdivisions.
Related pages
This article provides general legal information about Oklahoma punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oklahoma.
Last updated: 2026-10-18.
Frequently Asked Questions
Does Oklahoma allow punitive damages?
Yes. Under 23 O.S. 9.1(A), in an action for the breach of an obligation not arising from contract, the jury may award punitive damages in addition to actual damages, subject to the three categories and limits in 9.1(B) through (D).
Is there a cap on punitive damages in Oklahoma?
Yes, in two of the three categories. Category I (reckless disregard) is limited to the greater of $100,000 or the actual damages awarded; Category II (intentional and with malice) to the greatest of $500,000, twice the actual damages or the increased financial benefit from the conduct. Category III, which also requires a court finding beyond a reasonable doubt of intentional, malicious, life-threatening conduct, has no limit (23 O.S. 9.1). Some claim-specific statutes, such as 85A O.S. 7(C) for workers' compensation retaliation, set their own limits.
What must be proven for punitive damages in Oklahoma?
The jury must find by clear and convincing evidence that the defendant was guilty of reckless disregard for the rights of others (Category I) or acted intentionally and with malice towards others (Categories II and III), or that an insurer breached its duty to deal fairly and act in good faith in the same way. Category III also requires the court to find evidence beyond a reasonable doubt of intentional, malicious conduct life-threatening to humans.
Who decides the amount of punitive damages in Oklahoma?
The jury, in a separate proceeding held after it has made the category finding and awarded actual damages. It bases the amount on the seven factors in 23 O.S. 9.1(A), including the seriousness of the hazard to the public, the profitability of the misconduct and the defendant's financial condition.
Are punitive damages available in an Oklahoma wrongful death case?
Yes, in proper cases. Under 12 O.S. 1053(C), punitive or exemplary damages may be recovered, as provided by 23 O.S. 9.1, against the person who proximately caused the death or that person's representative if the person has died, and they are distributed to the surviving spouse and children, if any, or next of kin.
Is the 2025 Oklahoma damages cap a cap on punitive damages?
No. 23 O.S. 61.3, added by Laws 2025, c. 311, deals with noneconomic damages in bodily injury actions and applies to injuries occurring on or after its effective date. The punitive damages limits remain in 23 O.S. 9.1, which that act did not amend.
Are punitive damages available against the government in Oklahoma?
No award against the state or a political subdivision may include punitive or exemplary damages (51 O.S. 154(C)), and 51 O.S. 160 and 162(D) provide that the state or a political subdivision does not pay or indemnify punitive or exemplary damages rendered against an employee.
Does insurance cover punitive damages in Oklahoma?
Generally not. In Dayton Hudson Corp. v. American Mutual Liability Insurance Co. (1980), the Oklahoma Supreme Court held that public policy is generally contravened by coverage of punitive damages, with an exception when the insured's liability is imposed vicariously.
Does Oklahoma take part of a punitive damages award?
No general Oklahoma statute does. 23 O.S. 9.1 contains no provision sending any part of an award to the state, and in a wrongful death case 12 O.S. 1053(C) distributes punitive damages to the surviving spouse and children or next of kin.
Does a punitive damages petition in Oklahoma state a dollar amount?
No. Under 12 O.S. 2009(G), where exemplary or punitive damages are sought, the petition shall not state a dollar amount but shall state whether the amount sought is in excess of or not in excess of the amount required for federal diversity jurisdiction under 28 U.S.C. 1332.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oklahoma Statutes, Title 23: DAMAGES
§ 9.1Punitive damages awards by juryIn forcecited in 3 of our articles
A. In an action for the breach of an obligation not arising from contract, the jury, in addition to actual damages, may, subject to the provisions and limitations in subsections B, C and D of this section, award punitive damages for the sake of example and by way of punishing the defendant based upon the following factors: 1. The seriousness of the hazard to the public arising from the defendant's misconduct; 2. The profitability of the misconduct to the defendant; 3. The duration of the misconduct and any concealment of it; 4. The degree of the defendant's awareness of the hazard and of its excessiveness; 5. The attitude and conduct of the defendant upon discovery of the misconduct or hazard; 6. In the case of a defendant which is a corporation or other entity, the number and level of employees involved in causing or concealing the misconduct; and 7. The financial condition of the defendant. B. Category I. Where the jury finds by clear and convincing evidence that: 1. The defendant has been guilty of reckless disregard for the rights of others; or 2.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 106 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- LEE v. BUENO (Supreme Court of Oklahoma 2016, 2016 OK 97)“…this Court discussed Oklahoma's punitive damages statute, 23 O.S. Supp. 2002 § 9.1. We explained: Title 23, section…”
- Payne v. Dewitt (Supreme Court of Oklahoma 1999, 70 O.B.A.J. 3452)“…but also for punitive damages governed by the provisions of 23 O.S.Supp.1995 § 9.1, which are: A. In an action for the…”
- Estrada v. PORT CITY PROPERTIES, INC. (Supreme Court of Oklahoma 2011, 258 P.3d 495)“…trial court also determined that, collectively, pursuant to 23 O.S. Supp.2002 § 9.1 and 85 O.S.2001 § 6, [10] "I make a ru…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oklahoma Defamation Laws: Libel & Slander (2026), Oklahoma Wrongful Death Laws (2026): Deadlines & Who Can Sue
§ 61.3Definitions — Economic and noneconomic loss compensationIn forcecited in 3 of our articles
for bodily injury claims — Limitations — Required findings — Exceptions. A. As used in this section: 1. “Bodily injury” means actual physical injury to the body of a person and sickness or disease resulting therefrom; 2. “Economic damages” means any type of pecuniary harm including, but not limited to: a. all wages, salaries, or other compensation lost as a result of a bodily injury that is the subject of a civil action, b. all costs incurred for medical care or treatment, rehabilitation services, or other care, treatment, services, products, or accommodations as a result of a bodily injury that is the subject of a civil action, or c. any other costs incurred as a result of a bodily injury that is the subject of a civil action; 3. “Fraudulent” or “fraud” means “actual fraud” as defined pursuant to Section 58 of Title 15 of the Oklahoma Statutes; 4. “Gross negligence” means the want of slight care and diligence; 5. “Malice” involves hatred, spite, or ill will, or the doing of a wrongful act intentionally without just cause or excuse; 6. “Noneconomic damages” means nonpecuniary harm that arises from a bodily injury that is the subject of a civil action, including damages for: a.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Oklahoma Statutes, Title 12: CIVIL PROCEDURE
§ 1053Wrongful death - Limitation of actions - DamagesIn forcecited in 5 of our articles
A. When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years. B. The damages recoverable in actions for wrongful death as provided in this section shall include the following: 1. Medical and burial expenses, which shall be distributed to the person or governmental agency as defined in Section 5051.1 of Title 63 of the Oklahoma Statutes who paid these expenses, or to the decedent's estate if paid by the estate. The provisions of this paragraph shall not apply to the cost of an abortion in actions maintained pursuant to subsection F of this section; 2. The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse; 3.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at oklegislature.gov
Cited in 52 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- GAASCH v. ST. PAUL FIRE AND MARINE INSURANCE CO. (Supreme Court of Oklahoma 2018, 2018 OK 12)“…children, if any, or next of kin, and brought pursuant to 12 O.S. § 1053.) See also St. L…”
- BOLER v. SECURITY HEALTH CARE, L.L.C. (Supreme Court of Oklahoma 2014, 2014 OK 80)“…ant to 12 O.S. § 1051 and wrongful death claims pursuant to 12 O.S. § 1053. 2 By order filed March 7, 2013, the t…”
- WHIPPLE v. PHILLIPS AND SONS TRUCKING (Supreme Court of Oklahoma 2020, 2020 OK 75)“…46 The wrongful death cause of action pursuant to 12 O.S. §1053 created or authorized a survivable caus…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oklahoma Statute of Limitations: Filing Deadlines by Case Type, Motorcycle Accident Laws in Oklahoma (2026): Deadlines, Helmets, Truck Accident Laws in Oklahoma (2026): Deadlines & Liability
§ 2009Pleading special mattersIn force
PLEADING SPECIAL MATTERS A. CAPACITY. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge, and he shall have the burden of proof on that issue. B. FRAUD, MISTAKE, CONDITION OF THE MIND. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. C. CONDITIONS PRECEDENT. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity. D.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Oklahoma Statutes, Title 51: OFFICERS
§ 154Extent of liability – Wrongful criminal felonyIn force
convictions resulting in imprisonment - Punitive or exemplary damages - Joinder of parties - Several liability. A. The total liability of the state and its political subdivisions on claims within the scope of The Governmental Tort Claims Act, arising out of an accident or occurrence happening after October 1, 1985, Section 151 et seq. of this title, shall not exceed: 1. Seventy-five Thousand Dollars ($75,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident, or occurrence; 2. a. Two Hundred Twenty-five Thousand Dollars ($225,000.00) to any claimant for any number of claims for inconvenience, annoyance, or discomfort in nuisance claims arising out of a single act, accident, or occurrence in a county with a population of less than one hundred fifty thousand (150,000) according to the latest Federal Decennial Census, or b.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
§ 162Defense of employees - Costs - Indemnification ofIn force
employees - Punitive or exemplary damages - Privileges and immunities not waived. 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.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at oklegislature.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 23 O.S. 9.1: Punitive damages awards by jury; 23 O.S. 111-114: patent infringement communications (Oklahoma Statutes Title 23)(www.oklegislature.gov).gov
- 12 O.S. 1053: Wrongful death damages; 12 O.S. 2009, 727.1, 990.4, 1450 (online impersonation), 1872 (Oklahoma Statutes Title 12)(www.oklegislature.gov).gov
- 51 O.S. 154, 160, 162: Liability of the state and political subdivisions; employees (Oklahoma Statutes Title 51)(www.oklegislature.gov).gov
- 26 U.S.C. 104: Compensation for injuries or sickness(www.govinfo.gov).gov
- 85A O.S. 7: Workers' compensation discrimination or retaliation (Oklahoma Statutes Title 85A)(www.oklegislature.gov).gov
- 78 O.S. 88: Uniform Trade Secrets Act damages for misappropriation (Oklahoma Statutes Title 78)(www.oklegislature.gov).gov
- 43A O.S. 14-104: Civil claims for neglect, exploitation or abuse of a vulnerable adult(www.oklegislature.gov).gov
- 52 O.S. 903: Unpaid or underpaid proceeds from production(www.oklegislature.gov).gov
- 59 O.S. 858-515.1, 858-515.2: Real estate licensee disclosures(www.oklegislature.gov).gov
- 60 O.S. 837: Residential property condition disclosure remedies(www.oklegislature.gov).gov
- 21 O.S. 1731.1: Shoplifting; civil liabilities; exemplary damages (Oklahoma Statutes Title 21)(www.oklegislature.gov).gov
- 15 O.S. 26: Exemplary damages against minors and persons of unsound mind(www.oklegislature.gov).gov
- Dayton Hudson Corp. v. American Mut. Liab. Ins. Co., 621 P.2d 1155 (Okla. 1980)(static.case.law)
- Gowens v. Barstow, 2015 OK 85, 364 P.3d 644 (Okla. 2015)(www.oscn.net)
- 51 O.S. 154: Extent of liability (OSCN, current text and history)(www.oscn.net)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.