WHAT HAPPENS IF I AM INJURED ON CASINO PROPERTY?
Jan. 8, 2021
Roughly 162,000 injuries result in death every year in the United States. Many of these injuries are actually slip and fall injuries. What does this mean? Typically, slip and fall injuries occur due to unsafe or otherwise risky conditions on a property that does not belong to the individual that is injured. These conditions can indeed involve wet and slippery floors, but they can also involve cracked sidewalks, torn carpet, and damaged staircases. Essentially, the property owners involved in these cases are pursued for compensation by claimants because they were either knowingly negligent or extremely irresponsible. Personal injury lawyers pursue such cases with the intent of proving that the property owners in question could have prevented the injuries from occurring but failed to do so.
It is surprisingly common for these incidents to occur on casino property. The issue regarding personal injuries occurring on casino property is that personal injury matters can then involve not only commercial liability but tribal liability as well. Below are some of the issues to consider regarding personal injury laws and how they may relate to slip and fall accidents that occur on casino properties, and additionally why it is important for victims of such accidents to find qualified and experienced attorneys.
HOW CAN PERSONAL INJURIES
OCCUR ON CASINO PROPERTIES?
Casinos are remarkably popular in the U.S., but many casino goers remain unfamiliar with the legalities surrounding them. Live gambling is legally permitted in all but two states, namely Utah and Hawaii. Casinos generate revenue that tops $92 billion per year and are visited by thousands of people every year. Due to the popularity of casinos, slip and fall accidents are fairly likely to occur over time. Technically, however, they are not the only types of personal injury claims that can arise from casino visits.
Food poisoning can also occur on casino property, simply due to the fact that casinos serve thousands of meals every year. Many casinos feature formal dining establishments, as well as fast-food restaurants. Food poisoning can occur if the food is prepared in unsanitary conditions or by employees with unclean hands.
Broken slot machine chairs can also cause injuries. Slot machines are used by countless casino visitors, and it's not uncommon for the furniture surrounding slot machines to be over-used, ultimately resulting in people becoming injured.
Additionally, shuttle bus injuries can occur around casinos, as many casinos contract shuttle buses to transport patrons to and from hotels and airports. Patrons may also be injured through hot water burns if casinos are connected to hotels. In some cases, casinos may also fail to properly protect patrons from criminal activity, resulting in property loss or injuries.
HOW DO LAWS SURROUNDING
THESE ESTABLISHMENTS DIFFER?
Like any other business owners, casino owners are subject to premises liability laws and are responsible for protecting their patrons from reasonable risks. But there are considerations to make when the casino in question is operated on Native American tribal lands. The difference between establishments that do not operate on tribal lands and those that do is that tribal lands are sovereign.
This means that the state's personal injury laws may not necessarily apply in the way that they would in personal injury cases that take place off of tribal lands. Sovereign lands are self-governing.
If a claim is filed within state courts against an establishment on tribal lands, the establishment will have immunity against the claim. However, some establishments choose to waive their rights to immunity in order to market themselves to patrons. But this is a marketing strategy, and the immunity is usually only waived in certain parts of the establishment. The statute of limitations for these claims can be much shorter, sometimes as short as a few months.
If an individual is injured on casino property, they should speak with a lawyer immediately. They will either be navigating commercial law or tribal laws, and either way they need to work with a lawyer experienced in navigating personal injury lawsuits surrounding casinos. Although determining how best to deal with these legal matters can be difficult, experienced lawyers can make these matters much simpler to understand and ensure that their clients' rights are represented.