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Court Says Casinos Not Obliged To Protect Gamblers

Posted By Jeremy Hopkins | Tuesday, March 24, 2009 - 08:59
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The Indiana Court of Appeals has ruled that casinos are not obligated to protect problem gamblers. The case in question involved Jenny Kephart, a compulsive gambler who lost $125,000 in a single night at a casino.

The ruling said “While Kephart lost the money she wagered, it is an injury that she chose to risk incurring. She wagered her money to purchase a chance to win even more. Indeed, it is extremely unlikely that she would have brought suit had she won her wagers.”

Kephart, a 52 year old from Nashville, countersued the Caesers Indiana in 2007 after the Ohio River casino sued her to recover the money she had lost that night.

Her complaint alleged that the casino knew that she had received a $1million inheritance and enticed her with free meals and rooms, and provided money on credit for her to gamble, despite knowing she was a compulsive gambler who had emerged from bankruptcy a few years earlier.

“This was much more than marketing” said her lawyer, “They sent a car to her front door.”

The judges noted that Kephart had not asked the casino to ban her as she could have done. If she had, then the state regulations requiring casinos to cut off enticements would have taken effect, however, the ruling said “Kephart has a responsibility to protect herself from her own proclivities and not rely on a casino to bear sole responsibility for her actions.”


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