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.
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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.
Sounds like you learned the first lesson of casino gambling. The house always wins. Use it as a learning experience and move on.
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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.
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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.
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No date rape. (from the facts you stated).
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.
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.
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