Legal Question in Criminal Law in California

My wife and I work in Indian Casino's. One year ago my Wife was mugged leaving work on Casino property, in the their parking lot. She tried to resume working but after a while her Doctor put her out on a Medical leave due to Post Tramatic Stress Syndrom and has also developed Diverticulitus. When she went out she was told if she did not return to work by a certain time she would be released. This has occured. At this point her State Disability has run out and she still has not been released from her Doctor to return to work.

I spoke with one Lawyer out here in Indio,Ca and said that since this Tribe is a Soveren Nation and are not coverd by any Insurance he had nothing to go after.

Question. Why can't they be sued like any other business. Had it not been for their lack of Security this may not have happened and my Wife would not have these problems. Thanks for your time.

Angelo Cibotti


Asked on 2/18/10, 2:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Whether you can file a civil case depends upon whether the tribal documents 'allow and consent' to being sued. If not, you're out of luck. Even if you can sue, that does not mean you'll win. Employers are generally not responsible for unforeseeable crimes on their property, other than through workers comp. Make a claim.

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Answered on 2/23/10, 7:00 pm


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