If you are visiting a casino, chances are you have considered your odds. However, have you ever considered what would happen if you got hurt? There are many ways you can be injured in a casino. You may be at risk based on the negligence of the casino, its employees, or even other patrons. Casino related injuries can be diverse in nature. Patrons may be at risk for injuries based on the negligence of the casino, its employees, or even other patrons.
What you might not realize is that claims against casinos can be particularly complex because of the laws that apply to premise liability, tribal sovereignty and tribal sovereignty. Make sure the odds are not against you by learning more about protecting your rights.
Can You Sue a Native American Casino?
Native American governments are sovereign nations, which means they are immune from lawsuits filed in US state courts. In these cases, it is simply impossible to sue the tribal government in state court like personal injury victims often do, leaving tribal court as the only remedy.
A red casino sign. When you step inside, you may find hazards where you least expect them.
Many casinos have waived this immunity to some extent. Sometimes this waiver is part of a marketing strategy. After all, casino owners understand that patrons need to feel protected if they’re going to gamble on their premises.
These waivers can prove to be complex and unique. For example, a waiver might only apply to certain portions of the building, such as the pool, but exempt the gaming floor. This may drastically limit your options to recover damages.
For a free legal consultation with a Casino Injury lawyer serving New Orleans, call 800-537-8185
How Do You Prove a Casino Was Negligent?
In casino injury cases, the injured person will have to prove that the casino was negligent. This means your casino injury lawyer will need to gather evidence to show:
- The casino had a duty to protect the patron
- That duty was breached by failing to take reasonable action,
- That failure to act caused the injury, and the person suffered damages
Additionally, like any negligence case, your attorney will also have to prove that you did not contribute to the injury and that you were not aware of the risks and, therefore, did not accept them.
Premise Liability and Casino Injuries
In most premise liability injury cases in Louisiana, the injured party’s casino injury lawyers are responsible for proving the negligence of the business or its staff. They must also prove as a patron they did not contribute to the injury or accept the risk of what they were doing.
With casino injury cases, in addition to proving negligence, the injured party must navigate the complexities of Native American Sovereignty and tribal laws.
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How Much Does a Casino Injury Attorney Cost?
Our casino injury lawyers in New Orleans work on a contingency fee basis, and initial consultations are free. Personal injury attorneys understand that a lack of immediate funds shouldn’t stop anyone from seeking justice, so we get our fees after your case has concluded.
If you don’t win, you don’t owe us anything. If you do get a settlement or court award, your lawyer will take approximately one-third of your settlement plus legal costs, which will be explained in advance.
What to Expect in a Louisiana Casino Lawsuit
A sovereign nation is an entity represented by one centralized government that has sovereignty over a geographic area. Native American reservations are considered sovereign nations within the United States. In other words, when you step foot onto a reservation, it is as though you are entering a different country. Just like any other country, each sovereign nation is free to make its own laws.
If you have set foot in a casino, you are legally bound by the unique rules of this sovereign nation. These rules can include:
Separate Court System
Depending on which tribe and where the reservation is located, you may be required to interact with a separate tribal court system. It is estimated there are over 400 tribal justice systems throughout America, each with its own rules and jurisdictions.
Different Rules or Procedures
In the same way that gambling is allowed and regulated by the rules of each sovereign nation, other laws are created and enforced. This could apply to what is considered negligence and responsibility of the casino itself.
Less Time to File Claim
State law requires each claim to be filed within a certain amount of time. In Louisiana, this deadline is just one year. However, tribal law may dictate a much shorter deadline. Following the correct timeline is crucial to the success of your claim, so it’s important to reach out to a casino injury attorney in New Orleans as soon as possible.
A Different Standard of Care
As stated before, the laws of each tribal nation may define the standard of negligence differently. Additionally, they may not place the same amount of responsibility on the premise owners or staff members.
Native American Governments and Immunity
Native American governments are immune from lawsuits filed in US state courts. In many cases it is simply impossible to sue the tribal government in state court like personal injury victims often do with other liable parties. This often leaves tribal court as the only remedy. when a patron has been injured.
Waived Immunity
Because casino owners understand patrons need to feel protected when visiting a casino, many have decided to waive their immunity from lawsuits filed in the US state courts. Sometimes, this waiver is part of a marketing strategy. In other cases, the waiver of immunity is a required part of the gambling compacts or treaties between the tribe and the US government.
Even these waivers can prove to be complex and unique. The waiver might only apply to certain portions of the building (ex., the pool in hotel areas, but not the actual gaming floor), which may drastically limit a person’s options to recover damages.
Another reason injured patrons should contact a knowledgeable Morris Bart casino injury attorney soon after an accident is the crucial issue of sovereign immunity and each tribe’s individual waivers.
What Damages Can I Claim in a Casino Injury Lawsuit?
If you were injured while at a casino, you may be eligible to file a claim for medical costs, pain and suffering, and missed work. The attorneys at Morris Bart are familiar with tribal law and casino injuries and can assist you in the evaluation process. We work on a contingency-fee basis, and initial consultations are free. Contact a Morris Bart attorney today 1-800-537-8185.
How to File a Lawsuit Against a Casino
To begin the claims process, you should start with a free consultation. For a chance at a successful lawsuit against a casino, it’s best to work with an attorney who specializes in tribal law from Morris Bart. We understand tribal law, and we can help you get a settlement.
We will work with the casino’s insurers to reach a fair settlement. If the casino won’t settle or won’t offer you adequate compensation, we will begin the process of taking them to court.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
