Q: I recently fell really hard on my back at hard rock casino in Sacramento, Ca. They said I have 180 days to file a claim.
My tailbone is hurting, sharp pain and my wrist from trying to brace my fall. They took a pic of my back and my arm.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about your injury. In California, when you've been injured on someone else's property, you may be able to file a premises liability claim if the property owner's negligence contributed to your fall. Since the casino gave you 180 days to file a claim, it's important to act quickly to preserve your rights.
First, gather all the evidence related to your fall. This includes medical records, photographs of your injuries, and any documentation from the casino. If there were witnesses, try to get their contact information and statements. These pieces of evidence will be crucial in proving your case.
Next, consult with a personal injury attorney who can guide you through the legal process. They will help you understand your rights and the steps involved in filing a claim. It's essential to have someone experienced in your corner to ensure you receive the compensation you deserve for your pain, suffering, and medical expenses.
A: The FIRST step is to discuss your case with experience attorneys. Use the search tool to find an attorney on this website.
A:
I just looked it up and it looks like the Hard Rock Casino in Sacramento is an Indian gaming casino. If that is true, then technically they are immune from civil lawsuits, including personal injury lawsuits. In California, you can sue an Indian casino if the casino agreed to a limited waiver of tribal immunity under the Tribal-State Gaming Compact. This is because Indian tribes are soverign nations and are usually protected from lawsuits by soverign immunity, but tribes with Class III gaming agreed to waive this immunity in compacts within the state. If you do sue, it may be in a "tribal court" as opposed to a state court.
Typically, the statute of limitations for a personal injury lawsuit is 2 years (excluding medical malpractice). However, there may be a shorter statute of limitations when dealing with an Indian casino.
You should speak with an attorney as soon as possible before the statute of limitations expires.
Gerald Barry Dorfman agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
