صفحه 1:
The Developing Law of
Casinos
* Introduction
* Contracts and Gambling Debts
* Torts Involving Casinos
* Sexual Harassment in Casinos
* Criminal Activity
* Dram Shop Act
٠ Riverboats and the Jones Act
* Native American Reservations
صفحه 2:
Contracts and Gambling
Debts
٠ Establishing credit is a contract
- 24 hour period gambler incurred
$165,000 debt
- Wanted the court to set the debt aside
*no capacity (he was an compulsive gambler)
* no contract
* court said no way
* being a compulsive gambler will not
relieve the borrower
صفحه 3:
What do we do with
compulsive gamblers
* Atlantic city has a rule that
compulsive gamblers are put on a
list
* Casino Control Commission is
required to provide this list to
credit depts.
صفحه 4:
National Gambling Impact
and Policy Commission
1
* the economic and 26 impact of
gambling at all levels of society
* one issue - the pathological
problem gambling and its impact
on society
* the report is due in June 1999
صفحه 5:
Torts In Casinos
* Negligence
- Casinos owe the same duty of care to
their patrons as other hospitality
establishments
- Seek, search, find and fix
- knew or should have known standard
صفحه 6:
Torts In Casinos
۰ False Imprisonment
- Hazelwood v. Harrah’s, discarded Keno ticket
was found in the trash by plaintiff, Hazelwood
- Eto, a Harrah’s employee represented that
there was nothing wrong with Hazelwood
looking through the trash for the ticket
- When Hazelwood was detained because it was
a criminal offense
- Court found for Hazelwood because Eto had
led him to believe it was o.k.
صفحه 7:
Sexual Harassment in
Casinos
¢ Steiner v. Showboat Hotel and Casino
- Female employee verbally abused by male
supervisor complained
- Management moved her shift to an
inconvenient time for her
~ She was eventually switched back and
supervisor began verbally abusing her again
- She complained and management asked him
only to apologize
صفحه 8:
Sexual Harassment in
Casinos
¢ Steiner v. Showboat Hotel and Casino
(continued)
~ She filed a complaint with the Employment
Board
~ Management defended saying this
supervisor was rude to everyone (males and
females)
- Court disagreed his comments to the women
were particularly sexual and created a
hostile work environment.
صفحه 9:
Criminal Activity at
Casinos
* Casinos must use extra
precautions to protect guest
* Criminal activity is forseeable
* What about protecting children
- Attractive nuisance
صفحه 10:
Casinos and the Dram
Shop Act
* Gamblers try to get relief from their
debts by claiming that the casino over
served
¢ The casino continuously provided
plaintiff with complimentary drinks
* He became visibly intoxicated and casino
continued to serve drinks
* He sustained losses of $2,000,000 while
visibly intoxicated
صفحه 11:
Casinos and the Dram
Shop Act
* Dram Shop Act was not intended for this type
of protection
* High regulation of casino industry in New
Jersey
- if New jersey had wanted to protect this interest
they would have enacted legislation
٠ Extension of the Dram Shop Act is problematic
- Sober gamblers can lose big
- Intoxicated gamblers can win big
~ Do we only apply the intoxicated rule if you lose.
صفحه 12:
Riverboats and the Jones
Act
* Employees generally limited to
worker’s comp in injury cases
¢ Jones Act allows for full recovery
¢ Issue whether the Riverboat is a
“vessel”