AUGUST 2026 | 43 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. circumstances proved and requires evaluation of the evidence, that statue cannot serve as an appropriate basis for negligence per se and requires a general negligence analysis instead.8 This specific caveat in the negligence per se framework intrinsically makes sense: When a statute incorporates the ordinary negligence standards, negligence per se cannot apply because the statue does not establish a specific standard of conduct different from the common law standard of ordinary care.9 This standard is the status quo in other jurisdictions as well.10 USING OBJECTIVE STANDARDS TO CRAFT NEGLIGENCE PER SE CLAIMS When making negligence per se claims in furtherance of a client, attorneys should be cognizant of the positive, objective standards required to support such claims.11 The Oklahoma Court of Civil Appeals determined the sufficiency of 47 O.S.1981 §14-106 as the basis for negligence per se in Murry v. Advanced Asphalt Co.12 The statute mandated chains “sufficiently
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