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    jalexanderlaw's Avatar
    jalexanderlaw Posts: 2, Reputation: 1
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    #1

    Aug 11, 2008, 01:47 PM
    Personal injury
    What is the statute of limitations for personal injuries in Ontario, Canada? (at a gambling casino at Niagara Falls).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 11, 2008, 02:27 PM
    Quote Originally Posted by jalexanderlaw
    What is the statute of limitations for personal injuries in Ontario, Canada? (at a gambling casino at Niagara Falls).

    I believe it's still two years from the date of the injury - what type of injury?

    Slip and fall - ?
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    jalexanderlaw Posts: 2, Reputation: 1
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    #3

    Aug 11, 2008, 04:20 PM
    Yes, slip and fall
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 11, 2008, 04:49 PM
    Quote Originally Posted by jalexanderlaw
    yes, slip and fall


    Very difficult to prove and your Attorney would have to determine if the casino is owned in any part by the Canadian Government (and I do not believe it is) in order to make proper notification to all potential Defendants.

    Slip and fall accidents are rough.

    Has nothing to do with you but on the US side the Casinos are Indian (mostly the Senecas or the other NY tribes) owned and they are self insured.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #5

    Aug 12, 2008, 01:32 PM
    Quote Originally Posted by jalexanderlaw
    What is the statute of limitations for personal injuries in Ontario, Canada? (at a gambling casino at Niagara Falls).
    Are you sure it was on the canadian side? You would be much better off in NY.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 12, 2008, 07:33 PM
    Quote Originally Posted by sideoutshu
    Are you sure it was on the canadian side? You would be much better off in NY.


    Curious why you would feel that the NYS "side" is preferable in the event of a slip and fall accident.

    I'm sure you're familiar with the Nations' (United Indian Nations) website - The Indian Insurance Department investigates and adjusts all accidents for the Nations.

    Here's how it works - and the NYS tribes all pretty much follow exactly the same procedure as they wrote the procedure together and/or one followed the other as the Casinos were constructed.

    A claim is first presented for adjustment/settlement to the Indian Nations Insurance Department. If the person claiming injury does not agree with that decision for any reason that person may then file a claim with the Nation's Claims Commission under the Nation's tort claims ordinance.

    If the injured party is not 100% in agreement with the Insurance Department's decision they file against the Nation under the Tort Claims Ordinance.

    Because the land on which the Casinos was built is either sovereign or the property of the Nations by treaty, agreement or assignment the NYS Courts have no authority over any accidents occurring on Casino property.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #7

    Aug 13, 2008, 05:46 AM
    Quote Originally Posted by JudyKayTee
    Curious why you would feel that the NYS "side" is preferable in the event of a slip and fall accident.

    I'm sure you're familiar with the Nations’ (United Indian Nations) website - The Indian Insurance Department investigates and adjusts all accidents for the Nations.

    Here’s how it works - and the NYS tribes all pretty much follow exactly the same procedure as they wrote the procedure together and/or one followed the other as the Casinos were constructed.

    A claim is first presented for adjustment/settlement to the Indian Nations Insurance Department. If the person claiming injury does not agree with that decision for any reason that person may then file a claim with the Nation’s Claims Commission under the Nation’s tort claims ordinance.

    If the injured party is not 100% in agreement with the Insurance Department’s decision they file against the Nation under the Tort Claims Ordinance.

    Because the land on which the Casinos was built is either sovereign or the property of the Nations by treaty, agreement or assignment the NYS Courts have no authority over any accidents occuring on Casino property.
    Ah yes. I forgot the casinos are their own "country".
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