Slot machines in the Trump Taj Mahal (India) (Image via Wikipedia)
I have a considerable degree of empathy for those who suffer from a gambling addiction, especially in these challenging economic times.
But the idea of gamblers being able to sue casinos for losses which they incur as a result of their gambling activities is simply a load of rubbish, and I certainly hope that current attempts by an Australian high flyer who is trying to do just that get the treatment they deserve within the judicial system.
The case in brief
Full details of the case can be seen here. In short, it involves a high flying property developer, by the name of Harry Kakavas who is attempting to sue Crown Casino, a Melbourne (Australia) based casino, for losses incurred as a result of his gambling activities over a sixteen month period in 2005 and 2006.
Mr. Kakavas, who lost roughly 30 million Australian dollars (roughly $USD 23 million) over a sixteen month period (including, at one stage, 2 million Australian dollars in the space of forty-three minutes), claims that Crown mad extensive efforts to facilitate and encourage his gambling behavior despite knowing that he suffered from a pathological gambling addition.
You can’t be serious
Difficult to believe though it is, apparently this is no joke, and neither Mr. Kakavas or his lawyers are mucking around.
That said, I find it somewhat difficult to take his arguments seriously.
Compulsive gambler or not, surely the idea that a gambler should be able to just sue the casino after choosing to blow all their money on a few bad bets is beyond any form of comprehension whatsoever.
Punters take the bet – they keep all their winnings and accept responsibility for their losses.
It’s simple and fair, and those unwilling to accept their losses should simply not bet.
Yes, gambling is addictive ..
Don’t get me wrong, I have a considerable degree of empathy for those who suffer from a gambling addiction. Like alcohol, gambling can be addictive, and the development of problems relation to compulsive behavior in this regard can happen to the best of us.
Because of this, it is right that casinos and other forms of gaming venues are subject to an especially high level of scrutiny with respect to their conduct, and under no circumstances whatsoever should they attempt to promote or encourage compulsive or irresponsible behavior in any way, shape or form whatsoever.
If indeed Crown did take steps specific steps to encourage the behavior of Mr. Kakavas (as is alleged by Mr. Kakavas but denied by Crown), then yes, such behavior was somewhat irresponsible and should not be condoned in any way.
.. but consumers have responsibilities as well
But businesses, in this case casinos, are not the only ones who face obligations with respect to the need for responsible conduct.
Consumers also have a responsibility, and at some point, I believe that each and every person must take personal responsibility for his or her own consumption related behavior.
In the case of gambling, consumers are not forced to frequent the premises of gambling related venues. Nor are they forced to place bets or to keep betting after sustaining a certain amount of losses.
No – these are consumer choices, and individual consumers must assume responsibility for the outcomes of their behavior.
Not only would forcing casinos to compensate punters for their own mistakes place the business operations of the casino concerned in undue jeopardy, it would also be entirely unfair.
Sending the wrong message
As a final point, allowing consumers to sue casinos for losses incurred whilst gambling sends completely the wrong message with respect to the need for responsible consumer behavior.
It would send the message that consumers do not need to take responsibility for their own actions, that it’s Ok to not to consume products or services which are on offer and that someone else (the manufacturer or service provider) can be blamed whenever you run into trouble.
This is not a positive message. Instead the message should read:
“You are responsible for your own consumer choices. You bet – you lose – your problem.”
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