As a California Personal Injury Law Firm we have a duty to inform all about California Consumers lack of any real legal remedy if you suffer a Personal Injury at any one of California’s numerous Indian Casinos.  If you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claim adjuster, or maybe you have a case that will literally give you no positive legal remedy whatsoever!

            14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are inconsistent and are decided on a case by case basis with one of many different legal structures. Every one of the more than 50 gaming tribes within the State of California features its own specific liability ordinance spelling out how it will process personal injury cases.  The State is actually involved in defending the tribes in cases of personal injury by making these differing rules hard to uncover.

           The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost none recognize a role for California’s trial courts.  Each Indian Tribe is basically its own sovereign government and they don’t have to follow California law on personal injury and most, if not all, don’t.

           Because of this there are very few California Personal Injury Law Firms that will take on Indian Casino Personal Injury cases.  At Guenard & Bozarth we are one of very few firms that are willing to do the legwork involved in making a personal injury claim in a circumstance like this.  These are complicated issues because without a standardized arbitration ordinance or something to that affect, they are can be a lot of work and irrespective of the facts our client may not win.  We have been involved with Indian Casino cases taking months or even years to get resolved, much longer than cases in the traditional California court system.  Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.

           Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is almost like suing a Judge and then having that same Judge determine the outcome of the case in which he or she is being sued.  The system is full of bias.  Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.

           The State of California negotiated contracts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet failed to provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.  The State of California should either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.

            If you have been injured in an Indian Casino you should have the Law Office of Guenard and Bozarth review your case.  We have had success in this arena and before you do anything else you will want to talk to one of our experienced attorneys.  We are available 24/7/365 at 888-809-1075 or online at www.gblegal.com

 

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