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Asked in Personal Injury and Gaming for California

Q: Trip and fall accident at casino led to severe injury; can't find lawyer.

I experienced a trip and fall accident at a casino about 5 months ago, where I tripped over someone's walker or chair that was improperly placed in a walkway area. This incident resulted in a severe neck injury that required emergency surgery and fusion, and almost caused paralysis due to negligence. I've contacted the casino, but they keep saying it's under review. Despite reaching out to over 30 lawyers, no one seems interested in taking my case. I am concerned as time is running out. What should I do?

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3 Lawyer Answers

A: The reasons are contained in the answers the 30 lawyers gave you when you asked them why they were not interested in taking on your case. You've had enough eyes on this case so you should know exactly why lawyers are refusing representation. I'm sure you know that casino's are located on sovereign tribal land and have their own laws. Very few attorneys practice tribal law. Search for California tribal law attorney, and, California casino injury lawyer. Moving forward... if your case is refused... ask why!

John Rajaee
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Answered

A: I’m really sorry to hear about what you’ve been going through. A trip-and-fall accident that leads to something as serious as neck surgery is not only frightening but life-altering, and it’s understandable that you’re feeling frustrated after months of searching for help without answers.

In California, premises liability law generally allows you to bring a claim when an unsafe condition causes an injury on someone else’s property. Casinos, like other businesses, owe a duty of care to keep their walkways reasonably safe for patrons. If a walker or chair was blocking a walkway in a way that created a tripping hazard, that may support an argument of negligence. However, cases like yours are often fact-intensive. One reason some lawyers may hesitate is that trip-and-fall claims against casinos or large venues can be aggressively defended, requiring extensive investigation, expert testimony, and sometimes video or witness evidence to prove fault.

That doesn’t mean you don’t have a case—it means that the right attorney may need to see clear evidence tying the casino’s negligence to your fall. Since you’re already five months out, time is indeed an important factor. In California, you generally have two years from the date of injury to file a lawsuit, but gathering medical records, witness statements, and incident evidence takes time. It’s also important to formally put the casino on notice, ideally in writing, even if they are saying the matter is “under review.”

If you’ve struggled to find representation locally, you might consider reaching out to firms with specific experience in catastrophic injury or premises liability cases against large commercial defendants. Sometimes the scale of injury, like emergency surgery and near-paralysis, actually makes your case stronger because it shows how serious the harm was. When contacting firms, provide all documentation you have—medical records, surgery reports, photos of the scene, names of witnesses, and any communication with the casino—so they can quickly assess the viability.

Even though you’ve hit roadblocks, you still have options. Don’t give up seeking counsel, but also be mindful of the filing deadline.

James L. Arrasmith
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Answered

A: If you have not yet retained legal counsel, you should act quickly because personal injury claims in California generally have a two-year statute of limitations, and delays can make gathering evidence much harder. Since the incident occurred on casino property, you are dealing with a premises liability claim, which can be challenging if the property owner disputes responsibility. Begin compiling all documentation you have, including medical records, photographs of the walkway, witness statements, and your communications with the casino.

If over 30 lawyers have declined the case, it may be due to evidentiary challenges, unclear liability, or concerns about proving the casino’s negligence. You may want to focus on finding an attorney who has handled slip or trip-and-fall cases involving large commercial properties, as they may better understand the strategies needed to pursue such claims. Some firms may be more willing to take the case if you can present them with clear evidence that the hazard existed and caused your injury.

In the meantime, send the casino a written preservation of evidence letter, requesting that they retain any surveillance footage from the date of your injury. Do not post about the incident on social media, and avoid making statements to the casino’s insurer without legal advice. Time is critical, so keep searching for counsel while organizing your evidence to make the case as compelling as possible for any attorney you approach.

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