Processing of Claims for Personal Injury and Damage to Personal Property
If you have been injured or suffer damage to personal property at one of the Seminole Tribe of Florida's gaming facilities, you have the right to request compensation from the Tribe. However, you must follow the claim procedures set forth below or you will be barred from recovery.
- Prompt notice. It is important that you provide prompt written notice to the management of the Facility of the incident which resulted in the alleged claimed injury or damage. When the Tribe responds to an incident, you will be provided with a claim form. If you intend to seek compensation from the Tribe for your injury or damage, you must complete this claim form and return it to the Seminole Tribe's Risk Management Department. It is your responsibility to complete and timely submit the form. If the form is not returned within six (6) months from the date of the incident of the alleged claimed injury or damage, the claim shall be forever barred from recovery.
- Submission of Claim Form. Please submit your claim form to the following address:
Seminole Tribe of Florida/Risk Management Department
5201 Ravenswood Rd., Suite 107
Fort Lauderdale, Florida 33312
Phone #: 954-981-7410
Fax #: 954-983-0242
- Action on Claim. Once the claim form is received, the Seminole Tribe's Risk Management Department will forward the claim to its insurance carrier. The carrier will contact you in a timely manner, following the receipt of the claim. The insurance carrier will handle the claim to conclusion. Although not required, you may seek to resolve your claim through mediation with the insurance carrier.
- Limited Waiver of Tribal Sovereign Immunity. If you are not satisfied with the outcome proposed by the insurance carrier (whether or not through mediation), the Tribe's Gaming Compact with the State of Florida provides that you may file suit against the Tribe in a court of competent jurisdiction, in Broward County, Florida, subject to the exhaustion of Tribal remedies, and subject to the four year Statute of Limitations, which shall begin to run from the date of the incident of the alleged claimed injury or damage. However, the Tribe has waived its Tribal immunity from suit ONLY as to injuries to persons or property damage that occurred "in an area of the Facility where Covered Games are played." This means only the actual gaming floor area where slot machines are offered for play to patrons or areas of the Facility where banked card games and/or high-stakes poker games are played (if any) by patrons. The waiver does not include other areas of the Facility, such as walkways, restrooms, restaurants, hotel accommodations and areas where only non-Covered Games are played by patrons. In no event shall the Tribe be deemed to have waived its immunity from suit beyond the $100,000 for an individual tort claim, inclusive of any derivative or spousal claim related thereto and $200,000 for the tort claim of all persons or entities claiming injury in tort arising out of a single event or occurrence. There shall be no separate compensation of a derivative or spousal claim relating to the individual injury. These limitations are intended to include liability for compensatory and punitive damages, as applicable, as well as any costs, pre-judgment interest and attorneys fees, arising out of any claim brought or asserted against the Seminole Tribe of Florida, its subordinate governmental and economic units, as well as Tribal officials, employees, servants or agents in their official capacities.
- Exclusive Procedure. The above procedure is the exclusive procedure for the handling of claims.