As Oklahoma enters Spring there will undoubtedly be episodes of severe weather. Every year municipalities discuss whether to offer public storm shelters. Some common concerns include the safety of those traveling to a storm shelter, turning citizens away if the shelter is too full, and the liability of operating a public shelter.

These are all valid concerns that should be well thought through and considered before opening a shelter to the public. In 2013, to address a concern of liability regarding the use of city-owned storm shelters, the legislature passed an exemption to the Oklahoma Governmental Tort Claims Act that protects a city from liability.

51 O.S. §155 states:
“The state or a political subdivision shall not be liable if a loss or claim results from:
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37. Use of a public facility opened to the general public during an emergency.”

Two things to note under the exemption (1) the facility must be open to the public and (2) it must be during a time of an emergency.

If you have questions about coverage of your public shelters you can contact the OMAG Members Service Department at 405-657-1444.

DISCLAIMER: OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG offers this guidance to help your municipality make informed decisions. You should always consult with your City Attorney before taking any actions based on this guidance. If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department (see https://www.omag.org/legal-services).