What to know if you’ve been injured on tribal land in Michigan
An especially important part of the law, but one which is often misunderstood, is working with one of Michigan’s federally-recognized Native American Tribes on Indian Land. I deal with these types of cases every day, often relating to slip-and-fall cases in casinos and bad interactions between individuals and tribal police officers.
This article will focus on some of the most important things to understand in case you have been injured in Indian Country.
1. Tribes have Sovereign Immunity.
This might be the most important, and most misunderstood, part of trying to bring a lawsuit against a tribe. The United States acknowledges that each federally-recognized tribe is a sovereign government. As such, they are immune from any lawsuit without an express waiver of sovereign immunity. Usually, this requires a waiver from the tribe itself. Without this waiver, a tribe cannot be sued when someone is injured on tribal land.
2. Tribes have their own laws and Michigan’s laws usually do not apply.
When you enter a tribal casino, or step anywhere else on Native American land, you should treat it like you have entered a foreign country. This is not like driving from Oakland County to Wayne County, or even from Michigan to Ohio. This is more like driving from Michigan to Canada.
In short, the laws of Michigan, and the United States, are not likely to apply to your injury case. Instead, if a tribe has granted a waiver of sovereign immunity over your injury claim, your claim will only proceed based on the laws of that tribe. This means that your case will have to be tried in that tribe’s courts, using that tribe’s laws.
I often get asked, “can we sue the tribe in Michigan or Federal Court?” The answer is usually no. This is because every tribe is its own sovereign entity and you chose to enter that sovereign territory. Treat it the same as going from Detroit to Windsor.
When you cross that border, the laws of Michigan and the United States end.
3. Tribal laws can vary greatly from Michigan, and from each other.
Another area where my clients often get caught up at first is understanding the difference in tribal laws. In Michigan, you typically have three years to file suit in an injury case. However, this is usually not the case for tribal cases. They may have very short notice requirements and statute of limitations. Sometimes, it is only a few months from the date of your injury. If you, or your lawyer, fails to follow these requirements, then you lose your case before it even began.
Therefore, finding an attorney that understands the nuances of Native American law is critical in order for you to have a successful injury case.
4. Tribal laws may also limit damages.
A tough conversation that I often have to have with my clients in tribal cases is explaining that, even if they’ve been badly injured, their case may not be worth a fortune. This is because tribes often have special laws to limit damages in injury cases. So, a case that may be worth $1 million in Michigan may only be worth a fraction of that in a tribal case. It is unfortunate, but it is the law.
5. Find a lawyer that knows Native American law in Michigan.
This last point is so critical. There are a lot of great lawyers who can handle injury cases in Michigan. But, there are not many of them that can handle injury cases on tribal land. When you are looking for an attorney, you should look for someone who isn’t just licensed in Michigan, but who is also licensed with the Native American court where your case will end up. Ask your prospective lawyer if they are licensed in that court and do not be afraid to push them to make sure that they understand that tribe’s unique laws. If they don’t, then you might lose your case before it ever begins.
For example, I am an attorney licensed in Michigan. But, I am also licensed to practice in numerous tribal courts in Michigan. Plus, I have been the chairperson of the Native American Law Section of the State Bar of Michigan, and have a certificate in Native American Law from the Michigan State University College of Law.
If you have been injured in one of Michigan’s Native American casinos, or anywhere else in Indian Country, contact me today for a free consultation to discuss your case. I can be reached at (616) 613-6777 or via the contact form at this link.
