casino in mississippi

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Latest post Thu, Aug 21 2014 8:06 PM by stevenkane019. 11 replies.
  • Sun, Sep 9 2012 9:14 PM

    • leeuga11
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    casino in mississippi

    my mother (who is a real estate agent in GA, made $90K last year and has never sued anyone and the reason im telling you this is because she is not a sue happy person that doesnt work).  She went this weekend with a lady that is buying a home from her to [a] Casino on Saturday and when leaving a drunk man began to follow and then chase them in the parking garage.  Another lady stopped and let them in her car and the man began to hit her window and then she drove off.  My mother and her friend went to security and they told her that they saw it and the police now have the man in custody and she would be ok and then they just turned around and kept talking among themselves.  She said "excuse me, if you saw it happen why didnt you help and can someone please escort us to our car because we are pretty shook up"  they did not have anyone to do that, thats what they said.  She then asked to get a room and they said they were sold out (which they were).  A janitor of all people then offered to escort them out to the car because the security didnt have time.  The manager of the place then said she was trying to get a free room and that she would be ok going to her car now.

    Heres the thing this is a very responsible 60 year old lady with her 50 year old client.  They were harrassed and chased by a drunk man in the parking garage.  My mother broke her ankle last year and had to have pins put in it and now she says its extremely sore today.  Security would not assist her at the time of the attempted attack (my mother called the police, not security) and then wouldnt escort her to her car and then the manager accused them of trying to get a room for free!  My mother was shaking and sweating and from what they told me was very shook up because of the incident.

    Is there a chance she can sue for emotional distress?  And she is going back to the DR tomorrow for her ankle.  She does have the police report from where the man was arrested.  She just wants the casino to be held liable for not helping and being extremely rude and insensitive.

    Thanks

  • Sun, Sep 9 2012 9:30 PM In reply to

    Re: casino in mississippi

    The hotel/casino had no obligation to assign someone from security  to walk her to her car, though it would have been a nice thing to do. Any harm caused to her ankle was due to this attacker, not the casino. Even if the hotel had sent security running after the guy it likely would not have prevented that nor prevented the emotional distress from the attack. The attacker would, of course, be liable for that, and she could sue him for that if she wanted. Just on the brief facts you've put here, I don't see a good claim against the hotel/casino, but your mother may wish to consult a MS personal injury lawyer about it. Many will give free initial consultations.

  • Sun, Sep 9 2012 9:39 PM In reply to

    Re: casino in mississippi

    leeuga11:
    She said "excuse me, if you saw it happen why didnt you help

    Sitting a room removed from the situation, watching an event go down that happens in a matter of seconds what exactly were they supposed to do to help?  By the time they could even get out of the chair it was over.

    leeuga11:
    they did not have anyone to do that, thats what they said.

    While an escort would be nice, if they don't have staffing for it then they can't.  

    leeuga11:
    She just wants the casino to be held liable for not helping and being extremely rude and insensitive.

    Even a good samaritan who witnessed it and didn't help wouldn't be liable and there are no laws against being rude and insensitive.  

    As TaxAgent said the casino isn't the ones who caused the distress.  The drunk guy who chased them is.  How was the casino supposed to predict what the drunk guy would do?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Sep 9 2012 9:53 PM In reply to

    • Drew
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    Re casino in mississippi

    I suspect the Casino's are prety well lawyered up.  But a business place may owe its invitees a reasonable degree of protection--if there were not risks--why then all the security staff etc...I think its a super long shot--but some facility owners have been held accountable --I'd want a Miss PI lawyer to comment. (I'd not have high hopes )



  • Sun, Sep 9 2012 9:57 PM In reply to

    Re: casino in mississippi

    Drew:
    -if there were not risks--why then all the security staff

    Seriously?  How about all that cash they handle on a daily basis for a start?  Add to that the Gaming Commission requires so much surveilance for compliance with the gaming laws, as well as protecting the casino's interest in not getting scammed.  Watching the gaming floors for cheating, card counting, and crimes that are far more likely to go down there: i.e. stealing chips from another gambler, card counting, trying to fix slot machines to payout etc.

    I would be willing to bet (no pun intended) that they rely more on video surveilance for garages, hallways, and non-gaming areas with review during a reported incident rather than human observation.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Sep 9 2012 10:03 PM In reply to

    Re: casino in mississippi

    leeuga11:
    Is there a chance she can sue for emotional distress? 

    I've seen posts like this a thousand times.

    You want to sue the casino people that have all the money and no liability instead of suing the drunk who caused the problem but probably has no money.

    leeuga11:
    She just wants the casino to be held liable for not helping and being extremely rude and insensitive.

    That's called "sue happy."

    And what is she doing about suing the drunk that caused the problem? Anything?

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Sun, Sep 9 2012 10:05 PM In reply to

    • DPH
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    Re: casino in mississippi

    leeuga11:
    A janitor of all people then offered to escort them out to the car because the hard rock security didnt have time. 

    In my experience, casino security does very little beyond standing around counting the peropl going in and out of the casino.  They are a visual presence, but most have little or no training for much beyond staying awake and being seen.  They have no arrest powers and my guess would be that they would demur to doing anything as radical as apprehending someone.  They, and probably only supervisors and above, might or might not have the authority to do anything beyond calling local law enforcement.

    Should they have offered to escort Mom and client, sure.  Did the have to, nope.  If the cops had the drunk in custody, what happened after that?  Did your Mom talk to the local cops and give them a report?  What, if anything, was the outcome?  Was the man arrested?  Where did  Mom talk to the cops?  Parking lot?  Lobby?  Driveway? 

    I have been to this particular casino many times and I can tell you that there are very few security personnel in evidence, none visible in the parking garage.  The mainstay of hotel/casino security is video surveilence and the main focus is on people inside the casino and what they are doing.  Main thing they are watching for is cheats, not drunks, etc.  If they catch something on video, OK, but that's not their main function. 

    leeuga11:
    She just wants the casino to be held liable for not helping and being extremely rude and insensitive.

    IMHO, that's not going to happen.  I would suggest contacting the casino in writing and expressing your displeasure with the treatment.  May get you a free stay or some gambling chips for your trouble.

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sun, Sep 9 2012 10:17 PM In reply to

    Re: casino in mississippi

    Drew:
    But a business place may owe its invitees a reasonable degree of protection--if there were not risks--why then all the security staff etc...

    When it comes to casinos, the security problem they are guarding against is not typically physical assault by one patron against another. The biggest problem casinos face are cheating patrons trying to rip off the casino. That is primarily why the security is there — to look for the cheats.

  • Sun, Sep 9 2012 10:46 PM In reply to

    • leeuga11
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    Re: casino in mississippi

    Thank You for all of your quick responses.  I will let you know what, if anything, we decide to do legally.  The guy was arrested and the police talked to my mother and her friend in the lobby where they were waiting.

  • Mon, Sep 10 2012 1:42 PM In reply to

    Re: casino in mississippi

    leeuga11:
    Is there a chance she can sue for emotional distress?

    Absolutely.  Anyone can sue anyone for anything.  However, she has zero chance of prevailing and could be at risk for filing a frivolous lawsuit.

     

    leeuga11:
    She just wants the casino to be held liable for not helping and being extremely rude and insensitive.

    The casino likely had no duty to do anything.  It sounds like the "attack" only lasted a matter of seconds, and it seems unlikely that any security guard was in a position to prevent it from happening.  Beyond that, nothing happened to your mothe, and the law does not require employees of places of public accommodation to be polite or sensitive.

    Your mother's best recourse would be to publicize what happened.

  • Mon, Sep 10 2012 1:47 PM In reply to

    Re: Re casino in mississippi

    Drew:
    a business place may owe its invitees a reasonable degree of protection--if there were not risks--why then all the security staff etc.

    The primary purpose of the security staff has already been explained.  However, this isn't completely off the mark.  While I cannot speak specifically about MS law, places of public accommodation are occasionally held liable for criminal acts of third parties where there is particularized knowlege of a risk and a failure to take reasonable precautions.  The abstract knowledge that a drunk patron might accost another patron is not sufficient.  Additionally, I doubt the ankle soreness is a sufficient injury to allow for the recovery of "emotional distress."

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