The Riverwind Casino in Norman, Oklahoma is the largest casino in Oklahoma. It is owned by the Chickasaw Nation, a Native American nation. Although few if any car accidents occur on the premises of the casino itself, Oklahoma personal injury law allows for certain circumstances under which the casino might be held liable for a car accident. For more information on crashes make certain to use our Oklahoma City car accident lawyer resource.
Oklahoma Personal Injury Law
Before you can press a personal injury claim against Riverwind Casino, you must first establish the liability of the other driver (in a two-car accident). In Oklahoma, you can win a personal injury lawsuit against a defendant by proving that he was negligent (careless), that his negligence caused your accident, and that the accident caused your injury. Every driver on Oklahoma public roads is expected to exercise reasonable care to avoid an accident. If the other driver drove carelessly and thereby caused your accident, you are entitled to money damages.
If the driver’s conduct was intentional or outrageous, you might even be able to obtain an additional sum of punitive damages against him. If the accident victim was killed by the accident (either at the scene of the accident or later), certain close relatives can file a wrongful death lawsuit against the other driver.
If the driver of the other car was intoxicated at the time of the accident and was later convicted of DUI, you can submit his criminal DUI conviction as evidenced in your personal injury lawsuit to establish his negligence. A potential problem with suing the other driver is that if he was uninsured or underinsured at the time of the accident, he may be unable to pay a personal injury judgment even if you win the lawsuit. This is why it is important to implicate a “deep pocket” defendant such as Riverwind Casino – it is unlikely that such an establishment will lack the resources to pay a personal injury claim.
Dram Shop Laws
Oklahoma has enacted a “dram shop law” that will allow you to sue the owner of an establishment that sold alcohol to the driver who was at fault. If, for example, the other driver became intoxicated at Riverwind Casino, and if you can prove that the casino continued to serve him alcohol even after he became visibly intoxicated, you can join Riverwind Casino as a defendant in your lawsuit.
In order to prove liability you might, for example, demand that Riverwind Casino turn over closed circuit television footage that might show a the casino serving alcohol to the other driver while he was intoxicated. Other means of assembling evidence include eyewitness testimony, depositions and credit card records.
Casino Employee Drivers
If you were injured in a car accident caused by a Riverwind Casino employee, you can sue both the employee and Riverwind Casino as long as the employee was acting within the scope of his duties at the time of the accident. If you win, the defendants will probably be held jointly liable, which means that you can collect the money from either or both of them.
Putting It All Together
A lawsuit against a casino can be challenging even if you have the facts on your side. A casino is likely to consider a personal injury lawsuit an attack on their reputation, and they can employ a battery of high-priced lawyers to oppose you. Under these circumstances you will need the services of an aggressive, experienced and fearless attorney who will fight for your interests. Call John Mac Hayes at 405-235-5200 as soon as possible to schedule your free initial consultation.
Remember, when searching for a personal injury lawyer you will want to do your research and contact the firm that works best for you. Most can learn a lot from a simple telephone call or email correspondence. Take the time to reach out to us today. We will go above and beyond to make certain you have the most professional lawyer on your case.