Mississippi Courts Impose No Extra Duties on Casinos

In a November decision, the Court of Appeals of Mississippi rejected an argument by a casino patron that casinos should be held to a higher standard of care than other businesses. Having been injured in a fall over a stool at the Rainbow Casino in Vicksburg, Sarah Ratcliff argued that strict liability should apply to casinos because of the “physical and psychological manipulation of the casino environment.” She insisted that casinos “seduce [the customer] to get lost in time and space” by creating “‘magical effects’ and [a] ‘dream-like state.’”

The court opinion by Judge Tyree Irving, concurred on by seven other judges, found no legal basis for imposing a higher standard of care on casinos. According to Judge Irving, many other businesses “employ flashy attractions designed to keep customers riveted,” including bars, movie theaters, museums, amusement parks and state fairs. The plaintiff’s argument would require a heightened standard of care for all of those enterprises, as well. Accordingly, Irving concluded, the legal standard of care for Mississippi casinos should continue to be “to keep the premises reasonably safe, and when not reasonably safe to warn only where there is hidden danger or peril that is not in plain and open view.”

Although Ratcliff’s claim was based on a physical injury rather than allegations of compulsive gambling, the court’s holding should be useful in defending “addicted gambler” claims. In particular, Judge Irving’s reasoning undermines the frequent assertion that the casino environment is totally different from any other and is uniquely liable to overpower an individual’s ability to make decisions. Ratcliff v. Rainbow Casino-Vicksburg Partnership, L.P., 2005 Miss. App. LEXIS 792 (Nov. 1, 2005).