In Florida, when someone is injured on a business’s property and can prove that their injury was caused by the property owner’s negligence, the property owner will be found liable and the injured person is able to recover compensation. However, premises liability works differently if you are injured at a Seminole Indian casino. That’s why you need an experienced attorney like Ben Murphey of Lawlor, Winston, White & Murphey on your side.
What makes accidents at Seminole Indian casinos different? Under our state’s laws, the Seminole Tribe of Florida is a sovereign government and is not subject to the jurisdiction of Florida courts. However, the Tribe has made several agreements over the years that have reduced its sovereign immunity in exchange for expanding gambling at the Tribe’s casinos. This means that patrons injured on casino property now have a limited ability to hold the Tribe responsible for certain types of claims.
Recovering the compensation you deserve in this type of situation is challenging, but not impossible. Ben Murphey has handled Seminole Indian casino injury cases before and is well-qualified to help you. He will look closely at the details of your case to determine your best legal options and will make sure that your rights are upheld. With a Superb rating from Avvo and recognition as a 2014 Super Lawyer from Super Lawyers, you can trust that Mr. Murphey has the drive and experience necessary to assist you.
If you are injured as a patron at a Seminole Indian casino, your first priority should be to get any medical attention that you need. After that, however, you need to start thinking about your rights and whether the casino may be at fault for your accident. If the casino is at fault, you will be able to file a claim against them. Not sure if they can be held responsible or not? Give Ben Murphey a call as soon as possible and he will go over the facts of your case with you to see if it is worth pursuing.
As of July 6, 2010, a person who is injured at one of the Seminole Tribe’s facilities where certain types of games are played can make a claim against the tribe—provided that person was at the facility for the purposes of gambling. However, if you’re in this position, you must give the Tribe written notice of the claim within three years of the date of injury. The Tribe then has 30 days to respond to the notice, and if they fail to do so, you can sue them in state court. If they do respond within that 30-day window, you will have to wait a year to file a lawsuit. The damages you can recover from a lawsuit are capped at the same limits a person in the State of Florida can recover under sections 768.28(1), (5) of the Florida statutes.
In addition to these obstacles, there are many other issues that can arise in claims against the Tribe, making it a bad idea to take legal action on your own. Because Mr. Murphey is experienced in handling casino patron claims against the Seminole Tribe, he can help you navigate this sometimes complex process and give you your best chance of recovering damages.
Although the laws for premises liability differ from those at other casinos, the types of injuries that can occur at a Seminole casino are the same. Some of the most common types of injuries that casino patrons experience include:
Slip and Fall Accidents. If someone spills a drink and the casino fails to clean it up in a reasonable amount of time, or a casino worker mops a floor without putting up a “Wet Floor” sign and you fall as a result, the casino may be liable for any injuries that occur. A casino may also be liable for an accident that occurs due to a tripping hazard, such as torn carpet, an uneven surface, or even a power cord.
Negligent Security. Because a lot of money is on the line at casinos, security is a major concern. Casinos may need to employ security guards, install security cameras, or add sufficient lighting to their parking lot to protect patrons from assaults and other crimes. If you gamble at a casino that fails to take the proper safety measures and become a victim of crime as a result, contact Ben Murphey as soon as possible.
Accidents Due to Lack of Maintenance. There are a lot of different areas of a casino that need to be regularly maintained, including stairs, elevators, escalators, parking lots, and the structure as a whole. If the casino fails to perform reasonable maintenance and you are injured as a result, they may be liable. In this type of case, Ben Murphey will look for evidence such as failed inspection or overdue inspection notices to strengthen your case.
Because premises liability is handled differently with Seminole casinos than it is with most other properties, some injured patrons make the mistake of thinking that there is no way they will be able to recover compensation from the Tribe. Don’t give up before you have even tried to get the compensation that you need—work with Ben Murphey in order to uphold your rights as an accident victim.
Ben Murphey will do everything that he can to show that the casino either knew about or should reasonably have known about the condition that caused your accident and that they should be held liable. Because there are various deadlines involved in filing a claim, he will work as expediently as possible in an effort to recover compensation as soon as possible.
Schedule a free initial consultation with Ben Murphey today. To learn more and set up your initial consultation, call:
South Florida: 954-587-0873
Begin fighting for the justice you deserve in your Seminole casino injury case.