Casino Injuries: Recovering Damages After An Accident

Casinos are magnetic, luring millions of visitors and tourists every year with their glamour and glitz. However, an accident that causes serious injuries can instantly shatter the fun. In addition, filing any sort of personal injury claim for damages after a casino accident can come with very real complications.

Our personal injury lawyers at KAASS LAW have decades of combined experience. We represent injured clients throughout California, Washington, D.C., Texas and New York in their casino accident cases.

Understanding Tribal Sovereignty And Immunity

Tribal land is sovereign and entitled to self-governance. As a sovereign entity, any business, like a casino, within its jurisdiction is subject to tribal law. In other words, state and federal laws do not apply to businesses on tribal land. For example, tribes have immunity from the Americans with Disabilities Act, the Age Discrimination in Employment Act and all other discrimination laws. Essentially, any business operating on tribal land has immunity from lawsuits.

While tribal courts have authority over crimes committed within their jurisdiction, the Major Crimes Act gives the United States authority over major felonies that are committed on tribal land.

Filing Injury Claims On Tribal Land

Tribal immunity makes filing a personal injury lawsuit against a casino incredibly difficult. A tribal business would need to consent to a claim by waiving their tribal immunity. However, many of the tribal casinos have insurance. In some cases, casinos on tribal land will waive their immunity if their insurer will cover an injury claim. In other cases, a tribal business will offer a minimal settlement amount just to make the possible claim go away.

KAASS LAW has successfully pursued personal injury lawsuits for accident injuries that happened on tribal land.

Do Native American Tribes Have A Responsibility To Keep Their Casinos Safe?

Just because Native American tribes have sovereignty and tribal immunity does not mean that they do not have a responsibility to keep their premises safe and secure. Casinos still have a duty of care. Casinos still have a responsibility to keep their property in good condition and offer appropriate security measures. For example:

• Liability for premises: Casinos are legally required to provide a secure atmosphere. Casinos are subject to routine inspections. Regular inspections of casino property look for dangerous and slippery floors, broken equipment or inadequate lighting to protect against and even prevent possible accidents.
• Security precautions: Casinos are required to have sufficient security measures. Because of the large amounts of money and the potential for disagreements, casinos are required to have trained security officers and security cameras. They are also required to have protocols for managing disruptive customers.
• Alcohol precautions: Alcohol is often available at casinos. Therefore, casinos are subject to regional alcohol regulations.

In addition to experience pursuing personal injury actions on tribal property, our personal injury lawyers also have extensive experience with premises liability laws. If you had an accident at a casino that left you with injuries, our lawyers can guide you through the possible next steps.

Casino Accidents And Incidents That End In Death

When an accident at a casino results in catastrophic injuries or even death, our wrongful death lawyers can provide steady guidance and assistance to hold negligent parties accountable. We insist on holding those responsible for patron safety. Despite tribal immunity, casinos are still responsible for taking reasonable precautions and safety measures designed to keep their guests and patrons safe.

What Is Wrongful Death?

A wrongful death occurs when someone dies because someone else was careless, reckless or malicious. In a casino, a lot of dangerous scenarios and serious accidents can lead to death. In the event of a wrongful death, a casino can be held liable for negligence if their action or inaction contributed to the decedent’s death. For example, if a casino’s security measures were inadequate or failed to prevent a violent act that resulted in a death, they could be held liable for insufficient security.

Preventing Wrongful Deaths In Casinos

Casinos can take many different proactive actions to prevent serious actions and wrongful deaths and protect the safety of guests and visitors, including:

• Adequate training: When employees, and especially security professionals, are thoroughly trained, they are more prepared for a wide range of scenarios and can better protect patrons.
• Regular safety inspections: Routine inspections will help decision-makers spot potential property risks.
• Rules regarding alcohol: Implementing protocols for liquor service can better address excessive alcohol consumption and reduce the risk of potential accidents or alcohol-induced crimes.

While casinos have a duty to provide a safe environment, you can also keep yourself safe by being aware of your surroundings, paying attention to possible hazards and following the casino’s rules. Monitoring your own behavior, for example, if you choose to drink alcohol, can also go a long way toward keeping yourself safe.

Consult A Personal Injury Lawyer With Tribal Law Experience For Free

Our personal injury lawyers at KAASS LAW understand the complexities of filing claims on tribal land. Were you injured while visiting a casino? Our firm offers a free case consultation and evaluation. You can schedule your free appointment by calling 310-933-5171 or by sending us an email through our website.