Skip to main content

I went to a casino and they kept giving me free drinks. I spent $6,500 (lost it all) because I was drunk. Date rape? damages?

Niagara Falls, NY |

What can I do? I want the money back!

Attorney Answers 10

Posted

You have an interesting theory, but you were too in control of the situation even when you got out of control. But a creative attorney might turn your case into one of first impression similar to the concept behind NY's Dram Shop act. That said, you may be better served by parceling out how much you are OK with losing when gambling, put that in your pocket, and leave all else home, including your credit card. Better yet, take your spouse or significant other with you unless they drink too much too.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Mark as helpful

1 found this helpful

13 lawyers agree

2 comments

Marco Caviglia

Marco Caviglia

Posted

By the way, you have a jurisdictional problem if this was at an Indian casino. Our laws don't govern, theirs do, and that's a real trip trying to get anywhere under the tribe's laws.

Asker

Posted

Yes, it was at a Native American Casino. Luckily I made a move "gambling" in the stock market that returned my losses. So I am not AS upset.

Posted

Are you serious?

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Mark as helpful

21 lawyers agree

2 comments

Asker

Posted

Yes. I seldom drink, but this is very unlike me even if I do drink. I am not serious about "date rape" but it feels like I was. I guess what I'm saying is "legally" am I liable for my actions if alcohol was involved, it was pushed on me, and new drinks were given without asking. The reason why I referenced "date rape" is because a woman is not consenting if she is under the influence, I wonder if the same is with gambling.

Brian C. Pascale

Brian C. Pascale

Posted

An Adult is responsible for their actions. I can see it now, even if they had an offer on the table to settle a lawsuit....you would still want to "Roll the Dice."

Posted

You have no cause of action I am afraid to say.

This response will not create an attorney-client relationship.

Mark as helpful

1 found this helpful

18 lawyers agree

1 comment

Asker

Posted

Thank you for your honesty.

Posted

Need a lot more facts.

Mark as helpful

15 lawyers agree

2 comments

Asker

Posted

Review the comments under Mr. Pascale.

Brian C. Pascale

Brian C. Pascale

Posted

Don't bother to review the facts. They add nothing.

Posted

Sounds like you learned the first lesson of casino gambling. The house always wins. Use it as a learning experience and move on.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

Mark as helpful

20 lawyers agree

Posted

Best bet is to stay off the sauce when gambling

Mark as helpful

18 lawyers agree

Posted

Really? There are usually no clocks in casinos and they ply you with liquor so you do exactly what you did. Next time you will have to show restraint or take along a designated gambler to assist you.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Mark as helpful

13 lawyers agree

Posted

No date rape. (from the facts you stated).
No damages.
You can learn from mistake for next time.

I HOPE I WAS HELPFUL. Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.

Mark as helpful

11 lawyers agree

Posted

You may have lost $6,500, but I bet it was one hell of a rush!

Mark as helpful

10 lawyers agree

Posted

Drinking alcohol while gambling is a volitional act. They didn't "get you drunk," you got yourself drunk. The courts in New Jersey have consistently ruled that there is no casino liability under the circumstances you described. Connecticut would be certain to follow suit. As for the "date rape" comment, I can only hope that it was an ill-advised, juvenile attempt at humor. The attempt fails miserably.

I may be contacted at 212-553-9300.

Mark as helpful

1 found this helpful

10 lawyers agree

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics