The Developing Law of Casinos

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” 

The Developing Law of Casinos • • • • • • • • Introduction Contracts and Gambling Debts Torts Involving Casinos Sexual Harassment in Casinos Criminal Activity Dram Shop Act Riverboats and the Jones Act Native American Reservations Contracts and Gambling Debts • 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 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. National Gambling Impact and Policy Commission Study • the economic and social 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 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 Torts In Casinos • 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. 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 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. Criminal Activity at Casinos • Casinos must use extra precautions to protect guest • Criminal activity is forseeable • What about protecting children – Attractive nuisance 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 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 • 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. 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” •