Abstract: In this paper, the authors address many of the tortious and contractual issues associated with the liability of casinos to problem gamblers. The issues in tort are analyzed through the traditional elements of the action – duty of care, standard of care, proximity, and recognizable loss. Under contract law, the authors examine the problems associated with consideration and mental capacity when problem gamblers sign a contractual undertaking to be excluded from casinos and other gaming venues. Many of the references cited in this work relate to the Province of Ontario because an earlier article (and report) on the issue of problem gambling posited that Ontario’s gaming venues owed a duty of care to problem gamblers. However, many of the basic principles of contract law and tort law raised within this paper will be applicable throughout the Commonwealth and the United States.
Citation: 1 UNLV Gaming L. J. 99 (2010)