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A Bally’s Casino in Rhode Island recently received a favorable ruling from a federal court in Massachusetts saying it had no liability for a robbery that occurred after the patron was off the casino premises.
The plaintiff, Edward Peduto, was followed roughly 50 miles from Bally’s Twin River Casino in Lincoln to a service plaza across state lines in North Lexington, Mass. According to the court ruling, the individuals “brutally assaulted and robbed him.”
Peduto claimed the casino was negligent, and had owed him a duty of care. His assailants had begun following him on the casino property, though the attack itself occurred miles away.
However, a duty of care usually only applies while patrons remain on-site. Additionally, as a general rule, no duty exists to protect an individual from crimes committed by a third party.
The judge’s ruling agreed that Twin River had no responsibility beyond its property. It sent a message that patrons are on their own to arrive home safely once they hit the road. This speaks to the importance of monitoring your safety when leaving a casino, especially after winning a significant amount of money.
A case for negligence?
The incident occurred on August 29, 2021, and Twin River security footage confirms that Peduto was followed off the property.
With that camera footage, Peduto sued the casino’s owner, UTGR Inc., for negligence and negligent infliction of emotional distress. Twin River claimed it could not foresee the attack, a case strengthened by the fact that it occurred so far from the casino.
In his case, Peduto cited at least eight robberies and 76 other violent incidents involving Twin River customers between January 2019 and Peduto’s incident. Some of those instances included victims who were “followed from the casino floor and then assaulted.”
Those numbers equate to one robbery every four months and two or three violent incidents per month, which might sound like a lot to some readers and relatively uncommon to others.
Case dismissed for insufficient proof
Ultimately, Judge Allison D. Burroughs sided with the defendant and said the attack was not reasonably foreseeable, resulting in no liability for UTGR. She ruled that Peduto did not provide sufficient proof that Bally’s owed him a duty of care.
Burroughs stated that duty’s limitations included being “at or near the premises, and even then, only to prevent reasonably foreseeable harm.” Furthermore, the past cases of similar criminal acts cannot be used as proof of such acts being foreseeable or requiring a duty of care.
Additionally, no camera footage showed Peduto’s attackers displaying other threatening or concerning behavior. Although the incident was unfortunate, Peduto’s safety was his responsibility as soon as he left the casino premises.
It’s your responsibility to stay safe when patronizing a casino
Peduto’s experience highlights the importance of taking your personal safety seriously at all times. Along with being aware to use a secure online casino, it’s good to take safety protocols when visiting a retail gambling facility. A few simple tips to be proactive include:
- Gamble with a friend or group of friends
- Never count your money out in the open, especially after a big win
- Keep bags and purses on the front of your person and close to the body
- Color up winnings with higher-denomination chips
- Ask the casino cashier to pay any large winnings in a check
- Request a security escort to your vehicle if you are parked on the premises and feel unsafe walking out on your own
Remember, you must always remain vigilant when leaving, even if you receive a security escort to your car. As this Twin River example shows, players are responsible for their own safety once on public roads.
Some thieves may target the elderly, physically disabled or impaired gamblers. Whether or not you fit into those categories, it’s critical to stay aware of your surroundings at all times when gambling and on the way home.
If you are concerned that you’re being followed, change course several times to see if the person stays the course. Call 911 and head toward the nearest police station if you know where it is.
