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Indian Tort Law | History
Historically, and in a general sense, Indian tribal governments are sovereign entities immune from civil prosecution. This rule of immunity against civil suit was indirectly modified in 1988 through the federal Indian Gaming Regulatory Act of 1988 (IGRA).
Indian Gaming Regulatory Act (IGRA) of 1988
The IGRA divides Indian gaming into three classes with different regulatory results for each class.
Class III Gaming: Includes the typical gambling occurring in every casino such as slot machines, craps, roulette, black jack and other card games.
Indian Tort Law | Tribal-State Compacts
Before Class III gaming may be conducted on any Tribal lands, certain conditions must be met with one of the conditions being that any gaming must be conducted in accordance with an approved and effective tribal-state compact.
Waiver of Sovereign Immunity: It is in and through these compacts between the State of California and each individual Indian tribal government where Indian governments have waived their immunity and allowed for an injury dispute resolution process.
Indian Tort Law | Injury Dispute Resolution
It is through the wide breath of areas allowed in the IGRA that an injury claims, dispute resolution process has been established between each major gaming Tribe of our state and the people of California that frequent their casinos, resorts and golf courses.
Indian Tort Law | Injury Producing Incidents
While each Tribal-State compact is distinct, most generally require that the injury producing incident arise out of, be connected to, or be related to the operation of the gaming facility or gaming activities (its casino, resort, golf course, etc.).
Ordaz Law, APC | Indian Tort Law
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking an 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, casinos and golf courses. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego Indian Tort Law, personal injury lawyer.
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Blog: Personal Injury