That we live in a litigious age is a fact beyond dispute. The penchant for filing law suits has been carefully groomed in America, and the rest of the world is keen to follow the fashion. In some cases people who have gambled beyond their means, and their lawyers, are now seeking compensation from those who have provided the gaming facilities. Two such instances, in the United States and Australia, could have repercussions for the gaming industry as a whole.

In the United States a Californian business man is claiming that MGM Mirage preyed on his gambling addiction and he is suing the company. In Australia a class action suit seeking compensation on behalf of over 200 problem gamblers goes beyond the gambling industry to include the government. Both cases seem to rest on the premise that those who licence and operate gambling facilities should by law have a duty of care to those who use them.

Many jurisdictions do regulate for adequate resources to be allocated to training, education and treatment of problem gambling. Whether the courts will see this as sufficient remains to be seen and, whatever the outcome of these two cases, without doubt there will be more litigation to come. Already the Problem Gambling Foundation in New Zealand, which is closely monitoring the test case in Australia, has said that a similar lawsuit is inevitable against SkyCity in the near future. The Californian businessman who has filed against MGM Mirage in federal court is seeking a jury trial, presumably expecting more sympathy from fellow citizens than the courts themselves.

It could be argued that these losing gamblers are feeding their addiction by taking one more risk. A bet on a win in law and the thrill of gain is perhaps even more exciting than a wager on a spin of a wheel, turn of a card or throw of dice. Excessive gambling is a problem for individuals, families, operators and governments but ultimately the individual must take responsibility for his actions. Marketing programmes must, of course, remain within limits but, just as chocolate bars and liquor are advertised to attract consumption, the gaming industry will continue to encourage gambling.

Casinos do collect data on their clients and will use such information in their promotions. That they should also use it in an attempt to avoid problems with gambling occurring may seem obvious but does have legal ramifications by breaching privacy laws. Legislators must make adequate provision to prevent problem gambling and public education must be a priority. That offers the best protection against excessive gambling although, as with any addiction, it cannot prevent it altogether. Gaming operators such as MGM Mirage and Sky City, having complied with the regulations and exercised a duty of care, are not responsible for addictive personalities.
(E-07.31.06)

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