The general rule in personal injury litigation is that if someone injured you, they are held responsible for the damage they cause. However, when you are injured as the result of the negligence of a tribe, the tribe may have immunity. In other words, you may not be able to recover for your injuries.
A new case out of San Diego may go a long way to helping those injured as the result of tribal negligence. A judge has ordered the tribe to arbitration. The tribe is going to appeal. One of their arguments is that the plaintiff (the person who was injured) did not properly follow the tribes rules.
I keep suggesting to you that you should talk to an attorney immediately when you are injured. Sometimes people email me and ask why. This is another example. You may have certain timelines within which to file suit or file a claim. An attorney is in the best position to tell you about these timelines.
I will keep you updated on the immunity issue with tribes. As the tribes expand their casinos, this will become an important issue.