Blog: Tribal courts a proper venue to address casino injury claims

Thursday, July 29, 2010  

"Indian casinos punctuate Washington’s landscape. A quick glance into the rearview mirror while driving along any interstate or highway shows a backdrop of brightly lit buildings advertising slots and tables.

As tribes built casinos in the 1990s I assumed that it didn’t make sense to pursue personal injury claims against the Indians. After all, all personal injury claims must be filed in tribal court on the reservation. It seemed like there would be a strong bias against plaintiffs, a bias not based on race, but rather the personal injury plaintiff’s desire to take some of the tribe’s money.

My initial assumption proved incorrect. Despite being major economic players, the tribes do not self-insure. Like most businesses they carry policies of insurance. Payments made to injured visitors, particularly non-tribal members injured in the casinos, come from their insurance carriers.

The fact that payment isn’t coming straight out of the tribes’ accounts goes a long way toward eliminating the bias and self-interest that caused so much initial concern. The tribes have a strong cultural sense of hospitality and want to make sure guests are treated fairly and with respect. If there is negligence, the tribal court will make sure injured guests are treated fairly."

Get the Story:
Michael Myers: Injuries On The Reservation – Do The Tribes Have A Dog In The Fight? (The Injury Board Blog Network 7/28)

Related Stories:
Judge blocks Oklahoma courts from hearing tribal casino claims