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Started by DolfanBob, May 24, 2011, 10:36:41 AM

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DTowner

Because your accident happened on Cherokee property, your claim is governed by Cherokee law.  The Cherokee gaming ordinance/statutes set out an administrative claims process.  You started the process by completing a form.  Typically, it will be investigated and a ruling made.  However, there are deadlines for action (you can probably find the ordinance on their website).  They should have given you an informaiton sheet describing the process and your rights.  Typically, if the Tribe does not render a decision within the prescribed amount of time (I don't recall how long it is for the Cherokee), you may initiate an action in the Cherokee courts.  Be careful though, the deadlines can be very short and if you miss it, you are out of luck.

Tort claims by non-Indians that occur in Indian casinos have been hotly litigated for the past few years in Okla.  Some attorneys may tell you to sue in Okla. state court.  If you do, however, be prepared for a much longer and more difficult fight because of the sovereignty issues.

dbacks fan

Quote from: DolfanBob on May 26, 2011, 08:49:33 AM
There again boy's. YOUR MISSING THE POINT !
I have not mentioned one dime to them or said anything about suing anyone. YOUR PISSING ME OFF !
I asked a simple question if anyone had delt with a Casino or knew of anyone who had, that had a "Accident" Do they have a standing POLICY for this type of incident ?
If they offer to pay anything of my Medical bill, Fantastic. If not, I walk away.
Sorry that either of you got caught up with someone who uses the Law as their income.
I have a job and it's not making frivolous Lawsuits.

I'm willing to bet that since your injury was a result of your own "clumsieness" that they don't have to pay anything, but in order to prevent a lawsuit (not saying you're going to file one) they will possibly offer to pay a portion if not all of the bill as a goodwill gesture. Most public place have, and I will use sporting events as a reference, a written policy that the print on the ticket, and post signs stating they are not responsible for injuries. Get hit with a ball, puck, stick, bat, player they are not liable. Fall and hurt yourself because of a damaged step on the stairs, they are. Trip over your own feet in a casino, they're not, the seat you are sitting playing a game breaks, they are. Willing to bet they make some sort of goodwill offer. If not, life goes on.

DolfanBob

DTowner Thank you very much. That is all I was asking. A very informed answer to my situation. Not about money but about their policy concerning a accident on their property. People get way to personal about lawsuits and monetary gain. This my friends is about principle. How does big business handle accidents of their patrons on their property.
Accidents come in many forms. And they all should be looked at differently and a set policy used. That is all I was asking. Not how much should I shoot for.
I will await their decision and abide by it.
The last thing I am is a Lawsuit vulture and I dont appreciate the implication.
Changing opinions one mistake at a time.

DTowner

Quote from: DolfanBob on May 26, 2011, 10:09:53 AM
DTowner Thank you very much. That is all I was asking. A very informed answer to my situation. Not about money but about their policy concerning a accident on their property. People get way to personal about lawsuits and monetary gain. This my friends is about principle. How does big business handle accidents of their patrons on their property.
Accidents come in many forms. And they all should be looked at differently and a set policy used. That is all I was asking. Not how much should I shoot for.
I will await their decision and abide by it.
The last thing I am is a Lawsuit vulture and I dont appreciate the implication.

Glad to help.

nathanm

It amuses me that people seem to think that the Cherokee (or whomever) need the protection of the peanut gallery.
"Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration" --Abraham Lincoln

brunoflipper

You're not going to sue. Good for you. That seems appropriate and is the right couse of action.

Granted, I did "+1" TeeDubs comment but I didn't state that you were going to sue. I asked why you expect anyone other than you to pay for your medical bills due to something you attribute to your "clutsyness"...

Lawsuit or not these situations become a nightmare for the small businessman. You can see why a business would get antsy when you ask them to help pay for your injuries and why they would presume that if they don't that you'll sue. Lawsuit or not, these situations will involve the business having to contact/pay their attorney. Would you be asking about payment for your bills if your "clutsyness" had caused you to fall at "The (fill-in-your-favorite-restaurant)"... or is it just 'cause its the casino.

Will you still be so adamant that you won't sue, when the casino says "No, Thanks." and then William Shatner, ESQ sends you an unsolicited letter about your recent injury and your potential claim? Because, I know for a fact that his office trolls here. Additionally, they monitor ems radio services for calls and have insiders with EMSA, several local urgent cares/EDs that feed them cases. Genuine-real-live ambulance chasers. True story.

I'm glad you are not suing. I'm sorry that I indirectly implied that you were.

Quote from: DolfanBob on May 26, 2011, 10:09:53 AM
DTowner Thank you very much. That is all I was asking. A very informed answer to my situation. Not about money but about their policy concerning a accident on their property. People get way to personal about lawsuits and monetary gain. This my friends is about principle. How does big business handle accidents of their patrons on their property.
Accidents come in many forms. And they all should be looked at differently and a set policy used. That is all I was asking. Not how much should I shoot for.
I will await their decision and abide by it.
The last thing I am is a Lawsuit vulture and I dont appreciate the implication.
"It costs a fortune to look this trashy..."
"Don't believe in riches but you should see where I live..."

http://www.stopabductions.com/

Breadburner

Thank God this accident didn't happen on Columbus Day.......
 

DolfanBob

Thanks Bruno for the clarification. And I would never use the heavy hitter in any case, open or shut whatever.
I like asking my questions here because I have a lot of respect for you guy's and I want honest opinions from people I presume are more knowledgable than I.

Breadburner I am not sure what Columbus day has to do with it, But I can say that it happened the day the World was supposed to end.
Changing opinions one mistake at a time.

TeeDub


I was clutzy and fell down at Chandler park.    Can I go fill out a form with the City of Tulsa to see if they want to (just in case) make a goodwill gesture and pay my medical bills?


DolfanBob

Quote from: TeeDub on May 26, 2011, 02:12:06 PM
I was clutzy and fell down at Chandler park.    Can I go fill out a form with the City of Tulsa to see if they want to (just in case) make a goodwill gesture and pay my medical bills?



I dont know. Is the City of Tulsa a business ? And is the park a public facility. Hmm nice example.
Changing opinions one mistake at a time.

custosnox

for the record, I can't stand stupid lawsuits, but I say when it comes to the casino's, sue them for whatever you can.  I can't stand these places (and it really has little to do with the so called evils of gambling) and would love to see them suffer.  That is just me though, and only about these entities.

carltonplace

Quote from: TeeDub on May 26, 2011, 02:12:06 PM
I was clutzy and fell down at Chandler park.    Can I go fill out a form with the City of Tulsa to see if they want to (just in case) make a goodwill gesture and pay my medical bills?



Chandler is a county park, COT has no jurisdiction.

Breadburner

He meant Woodward.....
 

swake

Unless the business did something negligent you have no business having your hand out, lawsuit or not.

nathanm

Quote from: swake on May 27, 2011, 09:04:45 AM
Unless the business did something negligent you have no business having your hand out, lawsuit or not.
It's arguably negligent to place a rope in such a way that a person could easily trip over it.

Ironically, the whole problem could be solved with single payer health care. Many personal injury lawsuits are more about finding a way to pay the exorbitant medical bills than anything else.
"Labor is prior to and independent of capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration" --Abraham Lincoln