What Happens When You Get Injured on Tribal Land in New Mexico?
May 1, 2025
Native American Tribes in New Mexico
New Mexico is a state rich with Native American culture. Native art is seen woven throughout the state’s symbolism, including the state flag. This culture extends out past the reservations, and touches the lives of every New Mexican.
New Mexico is home to 23 federally recognized Native American Tribes that include the Navajo Nation, three Apache tribes, and 19 Pueblos with designated reservations. On those reservations, you can find 24 tribal casinos and five racetrack casinos that are open to the general public.
In The Article
Do Police Have Jurisdiction on Tribal Land?
In most cases, in New Mexico, state, county, and township police do not have jurisdiction on tribal lands. However, according to the New Mexico Department of Public Safety, “Tribes can enter into cross-commission agreements with State or local police.” For example, a State Police Officer who has a Navajo cross commission is able to enforce tribal laws, but only on natives and only on native land. This program helps reduce any issues with jurisdictional loopholes.
Can You Sue a Tribal Member?
In New Mexico, you are able to sue a tribal member for injuries; however, if the injury occurred on tribal lands, you mayhave to go through the tribal courts. Tribal sovereign immunity can make it incredibly difficult to bring a claim against a tribal member should you get injured on tribal land. According to the American Bar Association, “Tribal sovereign immunity protects tribal officials and employees acting in their official capacity…shielding tribes from suits for damages and requests for injunctive relief…”
So, what happens if you get into a car accident on tribal land in New Mexico?
What to do If You’ve Been in a Car Accident on a Reservation in New Mexico
As with any car wreck in New Mexico, the very first thing you should do when you are in an accident on indigenous lands is to make sure you are safe. Assess yourself for injuries, move to safety, and call for help.
On tribal lands, be sure to report the accident to tribal police or any cross-commission officer that has jurisdiction where the accident occurred. If you’re unsure whether a state or local officer has jurisdiction where the accident occurred, don’t be afraid to ask. Once you report your accident, ask for a copy of the police report.
In addition to the police report, gather additional information. Get a picture of the other driver’s license, any insurance information, and collect any witness information. Additionally, take pictures of the scene and record everything you remember from the accident while it’s still fresh.
When it comes to legal matters, be sure to contact your insurance company and notify them that you were in an accident. Always make sure you contact an attorney that takes cases on tribal lands to help you understand your rights as a victim of negligence on indigenous lands.
What to do If You’ve Had a Slip and Fall Accident at a Tribal Casino in New Mexico
Should you obtain an injury due to a slip and fall accident at a tribal casino, it’s important to document the scene as clearly as possible. Uneven walkways, unmarked wet floors, and broken or defective staircases in casinos can cause severe injuries, and taking pictures of these after an injury is essential to proving negligence.
In early 2024, the Supreme Court of New Mexico ruled that State courts do not have jurisdiction over personal injury and property damage cases brought against Native American casinos. Therefore, these claims fall under tribal jurisdiction.
Slip and fall cases that occur in casinos on tribal lands are subject to tribal law and are in the jurisdictions of tribal courts, so contacting a slip and fall attorney in New Mexico can help you navigate a specific tribe or pueblo’s tribal court system.
Experiencing an injury on tribal lands can be confusing, but it is essential to understand the different tribal laws that exist on those lands in order to get the compensation you deserve, and personal injury attorneys who understand tribal law can help with that.