QuestionMy 70 yr.old dad tipped over out of a stool at an Indian casino.He was going to get up and get something to drink when the chair tipped backwards and he hit the side of his head.At the time all the machines at the casino had a metal base at the bottom, the stool base was teatering on top of this metal base causing it to tip over.The Casino has taken all the metal plates off the front of the machines now and have also replaced all the stools with a more sturdy base. The fall from hitting his head has caused what is called ear rocks to dis lodge and are now floating around in my dads ear drum.He cannot take care of himself due to the dizzyness and is on lots of medication.He has had 3 MRI's taken, all the doctors have said the fall is what caused this. Also, his back got hurt and he is having to have surgery.The day before my dad went to the Casino he was under his car changing the oil and had just finished mowing his yard.He is now living with my brother who lives around the corner from me so we are both taking care of him. I purchased a wheel chair for him yesterday.The Casino says it was his own fault for falling out of this chair and hurting himself.But lots of my dads friends who went to this same Casino said they had almost fallen out of the chairs themselves.I am in shock that the Cherokee Nation has taken this position, My dad was severly messed up from this accident.I understand that if we took the Casino to court it would have to be in their Indian court and I don't believe he would get a fair trial. This is not fair!What is your opinion of this ?
AnswerHi Cindy,
Sorry to hear about your Dad. I hope he gets his health restored soon.
It sounds like he has a large damages claim, but the problem will be both liability and jurisdiction.
On the liability side of things, you will have to "sell" an attorney on getting involved with this claim. First, DOCUMENT THE STATEMENTS OF THOSE WITNESSES. Second, have someone use a cell phone to photograph those metal stands with a sturdy base. Also see if there is even one of the older ones to photograph.
Then make a summary of all of your Dad's activities in the past year and the extent to which his life has been shut down because of the pain caused if he were to do some of his old activities. Also include a little medical summary, along with a total of medical expenses.
Once you have this packet, you will bring it along with your Dad to an interview in the office of a qualified attorney. That way you will have done a good job of getting the attorney interested in taking the case.
As for jurisdiction, ask the attorney if the federal distirct court does not also have concurrant jurisdiction over this one slice of the legal pie. Just because you feel the Indian court might not be too fair, try to set that aside. I know of an Indian court judge who happens to be a Cacusian and he is knowledgeable and fair to those who come in to his court.
Don't be discouraged by people telling you it will be no use to pursue a claim. This situation sounds like a good time to stand up for what is right. The fact that a guest was exercising ordinary care but still injured himself will put the issue directly under consideration.
And that issue will be the exercise of ordinary care on the part of your Dad in exiting from the chair, and the breach of duty of care in failing to get that base structure examined and fixed in light of the number of complaints from prior victims.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
