Injured when foot got caught up in wheel chair going through an isle at a casino. Who is responsible for medical-

Asked about 3 years ago - Montesano, WA

this caused the person to go flying face down on the isle and injured back and leg.

Attorney answers (6)

  1. Kevin W Conner

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with the three previous answers with respect to whether or not you have a negligence case against the casino (without commenting upon the implicit sovereign immunity issue lurking there). However, you should check with casino management to see if they have a med-pay insurance provision. It is possible that a form of "no fault" insurance may exist to pay or assist with the medical bills.

  2. Robert Daniel Kelly

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . To prove somebody else's negligence and liability, you must show it is more likely than not that they breached their duty of ordinary care.
    Bringing a claim against a tribal casino has some special difficulties which can make it practically impossible.
    You should speak with an attorney to discuss the details.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  3. Elizabeth Rankin Powell

    Contributor Level 20

    Answered . The other unique aspect of your case that you don't give enough information about is whether or not this casino you were in was tribal or not. If it was a tribal casino on tribal land, it is highly likely that you cannot sue and recover anything because tribes in WA are soveriegn entities and you can't sue them. Well, you can sue them but you won't recover anything.

    Hope this helps. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.
  4. Christopher Donald Elster

    Contributor Level 11

    1

    Lawyer agrees

    Answered . It is difficult to answer your question as asked. In any injury case if you are trying to place liability on another party you need to show some wrongdoing on their part. This usually takes the form of negligence, like a store leaving spilled water on a floor and that causes a patron to slip and fall. Here, it is unclear what other party did a wrong act. If the wheelchair was being pushed by a casino employee there may be something but more information is needed to answer your question. Your best course of action is to contact a personal injury attorney in your area so that you can give them a detailed account of the accident and you can determine your rights at that point.

    Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client... more
  5. Jonathan Craig Reed

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Any claim against the casino must be based on the casino being negligent (doing something that an ordinarily careful casino operator would not have done). Unless the casino's employee was moving the wheelchair, or unless there is some credible claim that the casino aisle had a somewhat hidden obstruction, I don't see a claim against the casino.

    However, the injured person should talk in person or on the phone with an attorney in the state where the casino is located. The attorney will know local state law and will be able to ask additional questions that will give a better picture of the casino's possible liability

  6. Biju Varghese

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I am sorry that the person in the wheel chair was injured.

    However, based on your narrative, it is not clear how the foot got caught in the wheel chair, and whether it happened as a result of anyone's negligence, or if it was an accident.

    A lot would depend on the facts. I would consult with a local personal injury lawyer about your facts and circumstances.

    Good Luck.

    This information provided or the links provided do not constitute legal advice or create an attorney client... more

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