Self-Excluded Gambler Unsuccessfully Sues for Damages from Sun City Casino
A businessman who had self-excluded himself from gambling has lost his case where he was seeking damages from a casino for allowing him to gamble. The man managed to gain entry to the casino and lose about R5.2 million. However, a judge has ruled that he cannot claim any damages from the casino.
He alleged that Sun City was negligent by allowing him to gamble at the casino. However, the judge in the Johannesburg High Court stated that it was all the fault of the gambler.
The judge spoke about how the man went to the casino on his own accord and that it was his fault that he lost the money. He went on to say that it is not in the public’s interest to award damages to a compulsive gambler for their losses by holding the casino to account.
While a casino cannot knowingly allow a self-excluded gambler to spend their money, the gambler did not make any of the casino staff aware of his self-exclusion.
Unsuccessful attempt to avoid gambling
It was in 2017 that the gambler had put himself on the nationwide self-exclusion list. He outlined how he was still able to go to the Sun City casino without having to face any questions. While his own credit card was on the ban list, he managed to use his wife’s credit card in order to withdraw money at the property.
The man argued that there was a duty of care on the casino to make sure that he avoided gambling. His behavior led to both himself and his wife suffering. Sun International, the operator of the property, contested the gambler’s claims in the case.
One of the claims pointed towards a case in 2004 regarding a similar matter. This saw a gambler also trying to get damages from a casino. While the person in 2004 was unsuccessful, the Sun City gambler stated that there have been societal changes since then which would mean that the common law claim for damages should be permitted. The judge in this case ultimately ruled that there was no evidence to show that there was such a shift in society.
The gambler now has 20 days to amend the particulars of his claim. If he does not do so, the judge will dismiss the claim with costs.
Written for onlinecasino-southafrica.co.za by Adiela de Bruyn - on 29-05-2022