Frequently Asked Questions
Attorneys often ask how the evaluation process works and what support they can expect. These answers provide clarity on case review procedures, documentation needs, timelines, and expert involvement during litigation.
Does the "Comp" drink defense exempt a casino from liability?
No. In most jurisdictions, “complimentary” alcohol is considered a business transaction where the “consideration” is the patron’s gambling activity. We analyze Player Tracking Data and casino marketing algorithms to prove the venue utilized free alcohol as a tool to extend playtime, thereby assuming the same Duty of Care as a standard bar.
How do we prove over-service if there are no drink receipts?
Casinos often fail to generate individual receipts for comped drinks. We reconstruct the consumption timeline using Surveillance Forensics (counting drinks on camera) and auditing the “Service Alert” logs from the pit boss or slot dispatch system. This data often reveals a clearer timeline of negligence than a credit card statement.
My client was injured after being ejected. Is the casino still liable?
Potentially. This is often a failure of “Safe Ejection Protocols.” If security personnel ejected a visibly incapacitated guest into a “foreseeable zone of danger” (like a busy parking lot or highway) without securing safe transportation, the casino may be liable for the subsequent injury. We analyze security body-cam footage and dispatch logs to determine if the ejection itself was the negligent act.
Do you handle cases involving Tribal Casinos?
Yes. Tribal sovereignty introduces complex jurisdictional hurdles regarding Dram Shop laws and premises liability. We are experienced in navigating Tribal Gaming Compacts and the specific alcohol service standards mandated within sovereign nations vs. commercial state-regulated venues.
What evidence should we secure immediately for a casino case?
You must send a Preservation Letter immediately for three specific items: 1) Surveillance Footage (requesting “continuous unedited feeds” from entry to exit, not just the incident), 2) Player Tracking/Rating Records (to establish time-on-device), and 3) Security Dispatch Logs. Without these, spoliation (automatic deletion) often occurs within 7–14 days.
Request Case Review , Fee Schedule, and Rule 26 Report sample for casino dram shop litigation.
- FAQS
- Terms & Conditions
- Privacy Policy
- Forum Guidelines
© 2025 Alcohol Injuries All Rights Reserved