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  1. #1

    Default Mom Fell in Casino Parking Lot

    My question involves an injury that occurred in the state of: Arizona

    About a month ago my mom and I went to a casino on the Indian reservation, as we were walking through the parking lot there was a concrete wheel stop in front of the first parking spot (for motorcycle parking only), it was painted yellow but I remember thinking as I was stepping over it that it seemed higher than normal, I turned to warn my mom to be careful but it was already too late she had fallen face first right on top of it! She hit her arm and face so hard that by the time she lifted her head she already had a knot the size of a of golf ball over her right eye. The security officer and medic were there pretty quickly, and immediately put cold packs on both her eye and arm, and they wanted to call an ambulance but she refused. So they had her sign a refusal to treat form, and a couple of other forms but didn't say what they were for.
    I did talk her into going to the emergency ward because she is on blood thinners and she wasn't sure if she could bleed into her brain or not. Within an hour and a half her face was completely back and blue. She had a cat scan and x-rays and everything was o.k., but it took 2 weeks before she could move without too much pain.
    So my question is... do you think that the casino could be held liable?

  2. #2
    Join Date
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    Default Re: Mom Fell in Casino Parking Lot

    Quote Quoting itswhoyouknow
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    So my question is... do you think that the casino could be held liable?
    I hope your Mom is better now!!

    You need to consult an attorney who specializes in Tribal law. They are "seperate sovereigns" from the state and state law, meaning AZ premises liability law is not applicable, unless of course, such tribal law mirrors it.

    Indian reservations can pass thier own statutory laws, have thier own courts and common law, etc., etc.

    Even for criminal law purposes, they are generally seperate sovereigns.

  3. #3

    Default Re: Mom Fell in Casino Parking Lot

    O.k. I will do that. Thank you so much!

  4. #4
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    Default Re: Mom Fell in Casino Parking Lot

    Quote Quoting itswhoyouknow
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    O.k. I will do that. Thank you so much!

    You are more than welcome!!

  5. #5
    Join Date
    Mar 2008
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    Default Re: Mom Fell in Casino Parking Lot

    My dad and I owned businesses, and through the years, had slip and falls at the businesses.

    The very last one, I referred a customers of mine to my insurance company. He wasn't looking where he was going at my garage, tripped over something, and was in months of therapy, so he says.

    Anyway, after months of leaving messages with my insurance company, he was upset, and went out to get an attorney. After going through dozens who DID NOT want to handle the case, found himself one.

    This time around, he was leaving messages with his attorney, and the once or twice he got through, was told that his attorney was leaving messages with the insurance company. I was starting to feel bad for this guy. At the same time, I didn't think he had a case, and felt someone shouldn't be rewarded for not looking while walking.

    I was told his attorney finally "lost his file".

    Anyway, he was so frustrated that he offered to go away if I just paid him $3,000.00. I refused, and heard nothing more. This was over four or five years ago.

    I found that it's hard to find an attorney to work on a case unless there's some big payout. My sister in law was hit and killed by a "major oil company" truck going through a red light, and we thought it was a "slam dunk" case. Went through a dozen lawyers who did not think so, till we found one. He settled the case for only $100,000, we took it, as we were all tired out from years of delays, and the attorney then took his $50,000 fee. The case dragged on for almost ten years.

    While tribal law may govern here, I think you'll need a good case with a big payout before a lawyer will touch it, or go through years of frustration.

  6. #6

    Default Re: Mom Fell in Casino Parking Lot

    Wow you guys are awesome!!! I truly appreciate it.
    So sorry to hear about your sister, kind of puts everything in perspective.
    Thanks so much!!

  7. #7
    Join Date
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    Default Re: Mom Fell in Casino Parking Lot

    Quote Quoting itswhoyouknow
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    Wow you guys are awesome!!! I truly appreciate it.
    So sorry to hear about your sister, kind of puts everything in perspective.
    Thanks so much!!

    Yes, sorry to hear about Sch's SIL also.

    When it comes to litigation, especially of a sovereign government, one can never tell how it will unfold. I have read good and bad outcomes and years of frustration like Schi's. It all depends.

    I do NOT know how any tribal "immunity" laws, if such exist, may affect your case. Generally the states and the feds have waived immunity as long as a valid case is presented.

    What I mean is, as an example, police enjoy "qualified immunity". You can sue them with a valid "cause of action", you just need to overcome the burden of the immunity factor.

    Possibly an AZ att in that area is familiar with tribal law, if it applies at all, probably does. It does not have to be a tribal lawyer is what I mean.

    Good luck!!

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