CanI sue for malfunctioning equipment and possible improper conduct by an employee?

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CanI sue for malfunctioning equipment and possible improper conduct by an employee?

I was at a casino. My first bet I laid a chip down on black 35. The board read 35, and the dealer lowered the weight on my chip. Then she realized that the ball landed on 33, and the board malfunctioned. All of this is captured on the casino security tapes. Do I have a case?

Asked on September 6, 2010 under General Practice, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you feel in a gambling situation where the burden is on you to prove you won that you actually won, hire an attorney to subpoena the tape or contact the agency in the state in which you gambled that handles the proper functioning and legal activities of casinos.  These agencies are filled with investigators whose job it is to review such tapes and essentially audit the books and actions of the dealers and the equipment themselves. Did you speak with management or the floor manager? If not, that may have been the person to deal with.  You cannot sue the company who built the machine or the employee in this situation because it is not products liability that would be covered by your consumer protection laws per se.  This type of issue would be covered under your state's gambling laws.  Contact the agency who regulates this casino. 


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