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Oklahoma Statutes

Okla. Stat. tit. 12, § 1051 (2026)

Causes of action that survive

✓ current as of July 2026
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In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same. R.L. 1910, § 5279.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1956–2022 · leading case: Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12, 412 P.3d 1151.
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Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12, 412 P.3d 1151. · cites it 4× “2011 §§ 1051-155, inclusive, where, for example, 12 O.S. §§ 1051 9 & 1053 10 include causes of action for injury to *1155 the deceased, including pain and suffering, as well as a cause of action for damages resulting from the death of the injured person.”
Kraszewski v. Baptist Med. Ctr. of Oklahoma, Inc., 916 P.2d 241 (Okla. 1996). · cites it 4× “When one dies as a result of an actionable injury, the law affords but two remedies for post mortem recovery: (1) a common-law tort claim that survives by force of statute, 12 O.S.1991 § 1051, [1] and (2) a constitutionally protected wrongful-death action created by the…”
Boler v. Sec. Health Care, L.L.C., 2014 OK 80, 336 P.3d 468. · cites it 3× “Johnnie Boler (Boler), as personal representative of Cleo's estate, filed a motion for substitution of parties and sought to amend the petition to add survivor claims pursuant to 12 O.S. § 1051 and wrongful death claims pursuant to 12 O.”
State Ex Rel. Schones v. Town of Canute, 858 P.2d 436 (Okla. 1993). “The terms of § 1051 are: “In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought,…”
Hale v. Hale, 426 P.2d 681 (Okla. 1967). · cites it 2× “The trial court sustained the motion of the defendant for judgment on the pleadings and the plaintiff appeals.”
Kimberly v. DeWitt, 606 P.2d 612 (Okla. Civ. App. 1980). “1971, § 1051, which provides: In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought,…”
Threadgill v. Anderson, 303 P.2d 297 (Okla. 1956). “Vest’s cause of action was revived after his death pursuant to the provisions of 12 O.S.1951 §§ 1051 and 1052. Under common law his cause of action would have died with him.”
Mathies v. Kittrell, 354 P.2d 413 (Okla. 1960). · cites it 2× “The plaintiff in his petition alleged that he was the administrator of his daughter’s estate and brought this action under the provisions of Title 12 O.S.1951 § 1051, for funeral expenses, injury to the person, property loss and punitive damages.”
Croy v. Bacon Transp. Co., 604 P.2d 136 (Okla. 1979). “DOOLIN, Justice: This is a wrongful death action combined with a survival action, 12 O.S.1971 § 1051, et seq., brought by plaintiffs individually and as administrators of the estate of Craig Kevin Croy, deceased.”
Baker v. Massey, 569 P.2d 987 (Okla. 1977). “Fraud, at common law, like most if not all wrongs did not survive the death of its victim; but 12 O.S.1971 § 1051 specifically states: “ * * * causes of action * * * for * * * fraud shall * * * survive.”
Parker v. Nat'l Zinc Co., 406 P.2d 493 (Okla. 1965). “12 O.S.1961 § 1051 provides: “In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person * * * shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable…”
Spiker v. Farmers Coop. Exch. of Jet, 802 P.2d 650 (Okla. Civ. App. 1990). “1981 § 1051, which provides: In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to the person, or to real or personal estate, or for any deceit or fraud, shall also survive; and the action may be brought,…”
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