Tribal Law / Casino Law

Foxwoods and Mohegan Sun Accident Injury Claims

James Harrington of Polito and Harrington practices in Connecticut’s two casinos, Mohegan Sun and Foxwoods, which have independent tribal court systems. James has handled over 100 lawsuits against Mohegan and Foxwoods casinos including the landmark U.S. Supreme Court decision Lewis v. Clark.

Generally, if a person is injured as a result of negligence while at the casino, a claim may have to be brought in tribal court. Only personal injury attorneys licensed in tribal court may bring such claims. Unlike state actions, tribal actions regularly involve a complicated mix of tribal, state, and federal law. The laws and statutes of limitation imposed by tribal law are more restrictive than state law. For example, in most cases a lawsuit must be filed 1 year from the date of the accident at the CT casino and some actions carry a requirement that notice be given to the tribe within just 60 days. Failing to adhere to these requirements can result in a claim being barred without any recourse. If injured as a result of negligence, which in any way involves either of the two casinos, it is imperative that you speak with a CT tribal attorney immediately.

Tribal claims handled by Polito & Harrington include wrongful death claims, slip and falls due to ice or other unsafe conditions, construction accidents, defective gaming machine injuries, injuries as a result of negligent security, and motor vehicle accidents upon casino grounds or injuries in or by vehicles owned and/or operated by a casino.

Polito & Harrington also represents citizens injured by drunk drivers who were negligently served alcohol at the casino. If injured by a drunk driver who consumed alcohol while at the CT casino, you should consult with a CT tribal attorney to determine whether a claim must be filed in tribal court.


More on the Lewis v. Clarke case.

What Causes Slip and Fall Accidents at Casinos?

When a business opens its doors to the general public, is has a duty to ensure that its premises is free from any unreasonably dangerous conditions, and Mohegan Sun and Foxwoods are no exception. Both are massive facilities that include hotels, restaurants, theaters, and retail areas, all of which could potentially expose casino visitors to significant slip and fall hazards. Some of the more common slip and fall hazards that injury casino visitors include the following:

  • Liquid spills
  • Exposed electrical wiring
  • Unmarked construction
  • Torn carpet
  • Inadequate lighting
  • Poor maintenance
  • Stairwells without handrails
  • Failure to remove snow or ice
  • Uneven stairs
  • Debris in walkways
  • Cracked pavement
  • Defective flooring
  • Pool deck defects
  • Uneven sidewalks

It is critical to keep in mind that not every slip and fall accident that occurs in a casino entitles victims to compensation. For example, if you slipped fell because you failed to tie your shoes (and for no other reason), it is not likely that you would be able to recover compensation. This is because recovering compensation is contingent upon establishing that your accident was caused by someone else’s negligence.

Confusingly, the very same slip and fall hazard could be caused by negligence in one instance but not caused by negligence in the other. For example, if a liquid spill had been sitting, unmarked, for several hours, it is extremely likely that a court would determine that the failure to either warn visitors about the hazard or clean it up would constitute negligence on the part of the property owner. On the other hand, if a liquid spill occurred just seconds before a person slipped and fell because of it, the existence of the hazard would probably not be attributable to negligence.

Due to the complicated issues that often arise in slip and fall cases that occur in casinos, it is critical for victims to retain an attorney familiar with practicing in tribal courts. When you retain one of the tribal law attorneys of Polito & Harrington, we will thoroughly evaluate your claim and ensure that you receive the compensation to which you are entitled.

Drunk Driving Accidents Caused by Casino Patrons Can Entitle Victims to Significant Compensation

Just as in Las Vegas, casinos in Connecticut offer people who are gaming free drinks while they are playing. As a result, casino patrons are often over the legal limit by the time their gambling session is over. Unfortunately, rather than getting a hotel room or making other arrangements to get home, some of these inebriated casino patrons choose to get behind the wheel when they are done playing, putting everyone else on the road at risk.

When drunk drivers are involved in accidents, it can leave victims with extremely serious injuries that could potentially affect them for the rest of their lives. Fortunately, in many cases, victims are able to recover for their losses, including their medical expenses, lost income, loss of quality of life, and physical and emotional pain and suffering. Some of the more common injuries sustained by victims of drunk driving accidents include the following:Traumatic brain injuries (TBIs)

  • Spinal cord injuries (SCIs)
  • Lacerations
  • Burns
  • Broken bones
  • Soft tissue injuries
  • Concussions
  • Sprains and strains
  • Accidental amputations

Importantly for victims, in some cases, it may be possible to hold the casino itself liable after a drunk driving accident in tribal court by showing that a casino was negligent in the way that it served alcohol to the drunk driver that caused the accident at issue.

Contact a Connecticut Tribal Law Attorney Today to Schedule a Free Consultation

If you have been hurt in an accident at either the Foxwoods or Mohegan Sun Casino, you should speak to an attorney immediately. It is important to understand that your claim may need to be brought in tribal court, so it is important to ensure that any attorney you retain is authorized to practice law in tribal courts and understands the substantive and procedural law that applies. Our attorneys are experienced attorneys who have the skill and experience necessary to ensure that victims with claims in tribal court obtain the compensation to which they are entitled.

To schedule a free consultation with one of the experienced Connecticut tribal law attorneys of Polito & Harrington LLC, call our office today at 860-447-3300 or contact us online.

Polito & Harrington – Serving Connecticut, Rhode Island, Mashantucket Pequot Tribe and Mohegan Tribe


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Attorney Harrington did a fantastic job with my case. He was professional and knowledgeable and kept me well-informed during the entire process.

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*DISCLAIMER: Please note that every case is different
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At such a scary time in our lives, it was so reassuring to have Bert represent us. He and everyone we dealt with at his office were invariably professional, compassionate, and responsive to our many questions and concerns. We knew that we could trust Bert to always act in our best interest.
Mr. Harrington was very professional and kept us well informed. We are very pleased in every aspect and we recommend him to other people.
Attorney Bert Polito and Harrington helped reassure my family through the entire process. We are extremely grateful to him and his staff.
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