Suit against commercial property owner rejected by Tulsa County District Court and affirmed on appeal.
A tenant of an apartment building brought suit against the owner of the apartment building for property damage after the tenant’s apartment caught fire. The tenant alleged that the owner failed to warn of the danger of hanging drapes over an electric baseboard heater. Nathan Clark and Rachel Lee defended the owner and asked for summary judgment, arguing that the owner had no duty to warn the tenant of risks associated with placing combustibles near a heating source. The Tulsa County trial court sustained the owner’s motion; on appeal, the Oklahoma Civil Court of Appeals affirmed, finding that any hazard associated with hanging drapes in front of a heater was open and obvious.