'It was unfair': Guests prepare to sue Potawatomi over alleged negligence in flood disaster

A month ago, the lot at Potawatomi Hotel and Casino looked like a graveyard of cars.

On Wednesday, Sept. 3, it's nearly empty but many guests say what happened here was no accident - they're now accusing the hotel of negligence.

"Just based on how it was handled we didn't feel like we had an opportunity to make any choices it was just made for us," said Jock Lezon, lost car in Potawatomi valet flood. 

Illinois resident, Jock Lezon, is a Potawatomi Hotel and Casino member.

"Just feel like it was unfair; the type of service or care we got from the casino," said Lezon.

He says he wasn't worried about his car when the flood alerts came in.

"The only reason we didn't worry about our car is like well it's parked in the garage across the street we will be fine. If we would have known our cars were in the basement then it would have been a completely different story," said Lezon.

Associate Professor of Law at Marquette University, Alexander Lemann, specializes in insurance law.

"If the insurance company has to pay for a new car, they can use a process called subrogation to stand in the shoes of the policy holder and file whatever lawsuit the policy holder might have against Potawatomi," said Lemann.

Multiple guests say they never signed a waiver, they only received this valet ticket.

"The fact that there's a waiver of liability on the ticket they give you when you use the valet, that usually isn't worth much in court. Especially is no one is signing anything or have the opportunity to negotiate these terms so I wouldn't be too worried about that," Lezon has talked with three lawyers he says they worry about suing because the Forest County Potawatomi tribe is a sovereign nation.

"I don't think a lawyer would take it on unless it's a class action lawsuit where we get a bunch people," said Lezon.

Potawatomi responded to the guests saying:

“Since last month’s unprecedented flooding event we have consistently communicated with guests whose cars were impacted, informing them to contact their insurance provider and to reach out to our Guest Relations team with additional questions.”

Lezon says that’s not the case.

"I've heard zero from the casino the only time we heard from them was when our car was ready," said Lezon.