10th Cir: OK Recognizes Exception to Open and Obvious

An Oklahoma oil field worker, employed by one company and contracted out to another, lost his thumb in an accident with a piece of machinery lacking mandatory guards.  He collected workers comp from his employer and sued under the intentional tort exception to workers  comp; he also sued the company for whom he was a contractor for premises liability.  The Tenth Circuit affirmed dismissal of the claim against the employer, but held the premises liability claim could go forward against the contract employer:

“Oklahoma now recognizes an exception to the open and obvious doctrine where the landowner should have reasonably foreseen the harm,” the appeals court ruled.

Business Insurance has the story.