A
Chart of State Gambling Loss Recovery Statutes
Litigation pending in two jurisdictions has invited focus on this
question. If the law makes an exception to criminal gambling or
gambling device possession, for a mix game of chance and skill with
a limited prize, can people who play this game, sue to get their
money back? A surprisingly large number of states have gambling
loss recovery statutes. Also surprisingly, many of them provide
no protection to the operator with respect to gambling, or something
that might have been called gambling when the recovery statute was
first passed, if that gambling has since been decriminalized.
Some of the statutes provide expressly that they are not applicable
to lawful gambling. Others are silent as to this. Some of the “silent”
ones are very broad in describing what they apply to. It is not
uncommon to find their terms applying to losing money on playing
any game. They don’t say that the game has to be gambling
or that the game has to involve chance. Some of the state laws provide
that if the person who has lost money from playing a game does not
sue within a short period of time, than anyone can sue instead of
the player, and the person suing can recover for himself not only
the players loss, but a multiple of that loss. It is clear that
when revising the State law to provide a “fuzzy animal”
or “Chuck E. Cheese” exception, the significance of
statutes other than the criminal gambling statute, can not be ignored.
The revision should be drafted so as to apply to the law’s
basic gambling device prohibition, but also to every other statute
in the State’s code that might apply to gambling. As I am
sure some operators in Georgia and South Carolina will tell you,
the gambling loss recovery statute should be at the top of this
list.
|
State |
Civil Recovery
Statute |
Applies to
Lawful Games |
Third-Party
Recovery |
Multiple
Recovery |
Remarks |
| Alabama |
Yes |
Maybe |
No |
No |
|
| Alaska |
No |
|
|
|
|
| Arizona |
No |
|
|
|
|
| Arkansas |
Yes |
Maybe |
No |
No |
|
| California |
Research
Pending |
|
|
|
|
| Colorado |
No |
|
|
|
|
| Connecticut |
Yes |
Maybe |
No |
No
|
|
|
State |
Civil
Recovery
Statute |
Applies to
Lawful
Games |
Third-
Party
Recovery |
Multiple
Recovery |
Remarks |
| Delaware |
No |
|
|
|
|
| D.C. |
Yes |
Maybe |
Yes |
Yes |
Minimum
loss: $25.00 |
| Florida |
Yes |
No |
No |
No |
Immunity
for plaintiff. |
| Georgia |
Yes |
No |
Yes |
No |
Inapplicable
to slot machines,
per court
decisions. |
| Hawaii |
No |
|
|
|
|
| Idaho |
No |
|
|
|
|
| Illinois |
Yes |
Probably
Not |
Yes |
Yes |
Minimum
loss: $50.00 |
| Indiana |
Yes |
Maybe |
Yes |
No |
If
loser does not sue within 180 days, prosecutor must sue. |
| Iowa |
No |
|
|
|
|
| Kansas |
No |
|
|
|
|
| Kentucky |
Yes |
Probably
Not |
Yes |
Yes |
Minimum
loss: $5.00 |
| Louisiana |
Pending |
|
|
|
|
| Maine |
No |
|
|
|
|
| Maryland |
Yes |
No |
No |
No |
|
| Massachusetts |
Yes |
No |
Yes |
Yes |
Third
party may sue after 90 days. |
| Michigan |
Yes |
Probably |
No |
Yes |
Minimum
loss: $5.00, must sue within 90 days. |
| Minnesota |
Yes |
No |
No |
No |
|
| Mississippi |
Yes |
No |
Loser’s
family. |
No |
|
| Missouri |
Yes |
Probably
Not |
Family
and Creditors. |
No |
|
| Montana |
Yes |
No |
Dependant
or guardian. |
Exemplary
damages. |
Must
sue within one year. |
| Nebraska |
No |
|
|
|
|
| Nevada |
No |
|
|
|
|
| New
Hampshire |
Yes |
Maybe |
No |
No |
|
| New
Jersey |
Yes |
Maybe |
Yes |
No |
Loser
must sue within 6 months; third party within one year. |
| New
Mexico |
Yes |
|
|
|
|
| New
York |
Yes |
No |
|
Yes |
Minimum
loss: $25.00 |
|
State |
Civil
Recovery
Statute |
Applies to
Lawful
Games |
Third-
Party
Recovery |
Multiple
Recovery |
Remarks |
| North
Carolina |
No |
|
|
|
|
| North
Dakota |
No |
|
|
|
|
| Ohio |
Yes |
Probably |
No |
No |
Loser
must sue within 6 months. |
| Oklahoma |
No |
|
|
|
|
| Oregon |
Yes |
|
|
|
|
| Pennsylvania |
No |
|
|
|
|
| Rhode
Island |
No |
|
|
|
|
| South
Carolina |
Yes |
Yes |
Yes |
Yes |
Minimum
loss: $50.00 |
| South
Dakota |
Yes |
Maybe |
Limited |
No |
|
| Tennessee |
Yes |
Yes |
Limited |
No |
Loser must
sue within 90 days,
family within 1 year, loser’s
creditors,
2 years. |
| Texas |
No |
|
|
|
|
| Utah |
No |
|
|
|
|
| Vermont |
Yes |
Maybe |
No |
No |
Must
sue within 1 month of loss. |
| Virginia |
Yes |
Maybe |
No |
No |
Minimum
loss: $5.00: provides for immunity. |
| West
Virginia |
Yes |
Maybe |
No |
No |
Immunity
for defendant must sue within 3 months of loss. |
| Washington |
Yes |
No |
No |
No |
|
| Wisconsin |
Yes |
Maybe |
Yes |
No |
|
| Wyoming |
No |
|
|
|
|
Copyright: Thomas F. Fricke
1999 St. Louis, Missouri, USA
All rights reserved worldwide
PlayMeter ARTICLE #32
|
