In Michigan, you can file a slip and fall claim against a casino if you are injured as a result of the casino’s negligence. Securing a significant settlement will help you pay for your current and future medical bills and compensate you for your injuries, your pain and suffering, and for income you couldn’t earn because your injuries prevented you from working.
When you or a loved one has been injured by casino negligence, you deserve full and just compensation. One of the most important things you can do if you’ve been injured at a casino is to hire an experienced attorney who knows how to prove your case and who can identify all of the responsible parties.
Our attorneys specialize exclusively in slip and fall litigation, and we represent clients in Michigan and all over the country. No matter where you are, our team can help. We also can co-counsel with the very best personal injury lawyers in your state. Even if we cannot personally represent you, we can refer you to a lawyer who has the experience and reputation to get you the maximum possible settlement in any premises liability legal claim against a casino.
Call now for a no-cost, no obligation, free consultation with one of our experienced slip and fall lawyers.
What to do after a slip and fall accident at a casino in Michigan?
To protect your health and your legal rights, there are several important steps to take if you’ve been injured in a casino slip and fall in Michigan, including:
- Seek medical attention – Whether you are in serious pain or not feeling anything at all, it’s important to see a doctor as soon as possible. Shock and adrenaline often mask your symptoms, but a doctor can determine the extent of your injuries, start treatment and refer you to specialists. This will also help you start a paper trail by documenting your injuries and establishing a connection to your fall in the casino.
- Document the scene – Before the casino staff comes along and cleans up the mess that caused your fall, you should gather as much information as possible. Note the date, time, and location of your fall. If possible, try to take photos or a video of the condition that caused your slip and fall, or have a friend or passerby do it for you so the negligent scene is documented. Try to gather witness contact information.
- Report the incident to management – Even though there is often surveillance at Michigan casinos that capture slip and falls and other injuries, reporting the incident also ensures there is an official report on record and will preclude the casino and its lawyers from later denying the incident happened. Be sure to take a photo of the report as most casinos will not provide a copy.
- Hire an experienced slip and fall lawyer – After getting the urgent medical attention you need, this is the most important step you can take. Your attorney will speak with the casino, its lawyers, and its insurance adjusters, and will ensure important evidence (such as security videos) is not destroyed.
Can you sue a casino after getting injured in a slip and fall in Michigan?
In Michigan, you may be able to sue for a slip and fall at a casino if you can show that your injuries were caused by the casino’s failure to make its premises safe for customers like you. All property owners – including casinos – owe a duty to customers to exercise reasonable care to protect them from dangerous conditions.
The duty that casinos owe to their customers – who are known legally as “invitees,” i.e., people invited onto the property to do business with the property owner – includes: 1) inspecting the premises, 2) making necessary repairs, and 3) warning you of any known or discovered hazards.
Can you sue a tribal casino after getting injured in a slip and fall in Michigan?
In Michigan, you may also be able to sue a tribal casino for your slip and fall injury. Whether you can sue a tribal casino after a slip in fall in tribal court or by filing a lawsuit in a state civil court in Michigan will depend on the terms of the agreement made between the Native American tribe that owns and operates the casino and the State in which it is located.
Under the federal Indian Gaming Regulatory Act, a federally recognized Native American tribe (which has the legal status of being its own sovereign nation) can operate a gaming casino on its tribal lands so long as the tribe enters into a Tribal-State Compact with the surrounding state to work out the details about how the casino will run and any payments or obligations between the tribe and the state.
The question of how claims for an injury at a tribal casino (and other personal injury or tort claims involving a tribal casino) are handled varies depending on the tribes involved.
The issues that will likely arise include:
- Whether the Native American tribe will agree to a limited waiver of its tribal sovereign immunity and, thus, allow itself to be sued.
- Whether the Tribal-State Compact or the tribe’s ordinances address create a process for handling casino-related personal injury claims.
- Whether the Michigan casino-related slip and fall and personal injury claims must be heard by the tribe’s tribal court or whether an injured person may opt to file a claim in the state’s civil courts.
- Whether there are notice requirements and filing deadlines in the tribal court.
- Whether the tribal court imposes limitations on pain and suffering compensation or requires a showing of gross negligence rather than ordinary negligence.
A tribal casino is a casino that is located on Native American land and is owned and operated by a federally recognized Native American tribe. Currently, there are 19 tribal casinos operating in Michigan.
Common injuries suffered
Slip and fall accidents are one of the most common causes of traumatic brain injuries, which can lead to permanent disabilities. Other injuries that are commonly suffered in these types accidents include:
- Head injuries
- Back and spinal cord injuries
- Fractures, including hip and spinal fractures
- Shoulder injuries, including rotator cuff tears
- Sprains, strains and other soft-tissue injuries
- Lacerations
What parties are liable?
The casino owner and operator are the most likely parties to be held liable for a slip and fall accident in their Michigan casino because they most likely are the parties who had possession of and control over the property. But they may not be alone because more than one entity can have possession and control.
Many casinos have areas of the property that are not operated by the casino itself. Instead, restaurants, spas and retail stores may lease their space from the casino owner and may be responsible for eliminating any hazardous conditions that may cause an accident. In addition, both the casinos and retail establishments within the casino may contract with third-party maintenance companies that are responsible for keeping floors clean and free of hazards that can cause these types of accidents.
How to prove liability
In Michigan, proving a party is liable for a slip and fall at a casino requires proof of negligence. To prove negligence, you must show that:
- The casino owes you a duty – As an invitee, the casino owes you a duty to exercise reasonable care to protect you from an unreasonable risk of harm caused by a dangerous condition on the property.
- The casino breached its duty – This occurs when the casino failed to protect you from an unreasonable risk of harm caused by a dangerous condition on the property.
- The breach caused your injury – You must show that your injuries were caused by the casino’s failure to protect you and make its premises safe.
- You suffered damages, which includes injuries, pain and suffering, other noneconomic damages, and economic damages such as medical bills and lost wages actual injury – Usually a physical injury
What can I expect from my claim after a slip and fall injury at a casino in Michigan?
As soon as you hire an attorney, he or she will begin investigating the circumstances of your case, and will look for the following:
- Was the hazard that caused your injury promptly addressed?
- Should management or staff have known about it?
- Was the hazard created by the staff?
- What is your case worth?
The casino’s insurance adjuster may try to take advantage of the comparative negligence rule by claiming you were partially or completely at fault for the accident. An experienced attorney knows how to handle these tactics and will not let you get bullied by the casino, its attorneys, or its insurance company.
Michigan casino slip and fall settlements
In most Michigan casino slip and fall cases, your lawyer and the other party’s attorney will negotiate a fair settlement that everyone agrees on. But if a fair settlement cannot be reached, your attorney will take the case to court and ask a judge or a jury to decide the matter and award you fair compensation.
Do I need to hire a lawyer?
Hiring a lawyer is critical to the success of your case. And waiting too long can be detrimental. Our experienced attorneys will investigate your case right away, gather time-sensitive evidence, determine liability, and calculate your damages. We will also handle your settlement negotiations and, if the casino won’t settle, we will file a lawsuit and litigate your case.
Injured in a slip and fall at a casino in Michigan? Call now!
At Michigan Slip and Fall Lawyers, we never take a fee unless you win. No matter where your Michigan casino slip and fall occurs, we can help. Our attorneys are nationally recognized and specialize exclusively in slip and fall litigation. For cases that occur outside of Michigan, we will co-counsel with the best slip and fall lawyers throughout the country. We can also help connect you with a true, experienced slip and fall lawyer who shares the same high professional and ethical standards that we do.
Call us now for a no-cost, no-obligation, free consultation.