Any claim for personal injury damages alleged to have occurred on the Barona Resort and Casino must be brought pursuant to the Tort Claims Ordinance (adopted 12/22/09) of the Barona Tribal-State Compact.
Continue to read and learn more about injury claims and “lawsuits” against the Barona Resort and Casino.
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Barona Tribal Court
The Barona Band of Mission Indians may be sued solely in Barona Tribal Court. Officers of the Tribe remain immune from suit for actions arising within the course and scope of their authority and duties.
Barona | Limited Waiver of Sovereign Immunity
Barona’s sovereign immunity is waived in the following instances only:
Injuries: Caused by the negligent acts or omissions of the Tribe, its enterprises, agencies and officers.
Premises Liability: Injuries caused by the condition of any property of the Tribe, provided that the Claimant establish that (1) the property was in a dangerous condition, and (2) he Tribe and/or its personnel had actual or constructive notice of the dangerous condition, and (3) sufficient time prior to the injury to take measures to remedy or protect against the dangerous condition.
Vicarious Liability: Negligent acts or omissions of Tribal employees or agents within the course and scope of their employment or agency.
Barona | Notice of Injury Claim
Claims brought under the Barona Tort Claims Ordinance (BTCO) must be made within 180-ays after the claim accrues [generally, 180-days from the date of the incident].
Claims must be presented to (1) the Loss Prevention Coordinator at the Resort and Casino, or, (2) if the claim is against any Tribal agency or enterprise, the General Manager of the Tribal agency or enterprise against whom the claim is filed.
All claims must be made on a claim form provided by the Tribe.
Barona | Contents of Injury Claim
The injury claims must contain:
- The name and address of the claimant and the name and address of the claimant’s attorney, if any;
- A concise statement of the factual basis of the claim including the date, time, place and circumstances of the act, omission, or condition complained of;
- The name of the Tribal employee or agent involved, if any;
- A concise statement of the nature and extent of the injury claimed to have been suffered; and
- A statement of the amount of monetary damages requested.
Barona | Wrongful Death
When the notice is one for wrongful death, the notice may be presented by the personal representative, surviving spouse, or next of kin of the deceased.
Barona | Limitation on Awards
No award or other judgment imposing punitive or exemplary damages shall be applied in any claim under the BTCO.
Awards for pain and suffering or mental anguish shall be considered in exceptional cases. Such awards shall not exceed 50% of the Claimant’s compensatory (economic) damages.
No claim shall exceed $5,000,000.00 per occurrence.
Barona | Duty of Good Faith
The Tribe’s insurer shall be directed to promptly and fairly settle all claims it deems valid.
Ordaz Law, APC | Barona
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a Indian Tort Law, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events including injuries at Indian resorts and casinos. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
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Blog: Personal Injury
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Barona Tort Claims Ordinance