Tribal gaming activities started with the passage of the Indian Gaming Regulatory Act (IGRA) in October 1988. This article provides an overview of the history, the process and some important areas to pay close attention to (and pitfalls to avoid) and should serve as a primer on the subject of premises liability claims against tribal casinos. Claims against tribal entities have their own unique set of procedures and pitfalls waiting to snare the unwary attorney. While experience with premises liability claims and evaluation of them is generally universal, there are special considerations where claims involve tribal entities. Matters are further complicated when a governmental entity is involved, including determining which entity to notify and understanding any limits on recovery.
Prosecuting premises liability claims in Oklahoma can be difficult and, given the state of the case law in this area, can be tricky to evaluate.