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Gambling addict sues bookie

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
Article.

What are people's thoughts on this?

Ultimately I think it comes down to individual responsibility. If this guy had won those bets would William Hill have been able to sue him? No. William Hill's self-exclusion policy clearly needs revising but WH isn't the only bookie, he'd have went to another one had they refused his bets - and he'd have lost the same amount of money... He wouldn't be suing if he hadn't of lost.

People need to take responsibility for their own actions - I'm fed up of people cowardly blaming everybody else.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It seems like its his own fault and hes just looking for someone to blame.

    Bit pointless to take up gambling when you already have a decent amount of cash saved up anyway IMO.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's his own fault, the guy had it all. At some points he was earning approx £30,000 a month, over 10 times the national average wage. He then blew it all on gambling, and thinks that despite it being his fault, there must be someone else to blame.

    It's not William Hill's fault the guy was addicted, it's his own. If he was that desperate to stop he could have signed his financial control to a family member and they could have helped out.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    he asked to be banned from there on multiple occasions
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    SkiveSkive Posts: 15,286 Skive's The Limit
    he asked to be banned from there on multiple occasions

    Which I think is the issue.
    A gambling addiction is as bad as any other.

    What wouls you think of a barman who continued to serve and alcoholic even after the alcoholic had asked to be barred?

    Of course the majority of the responsibility lies with the punter, but a lot of the blame here still lies with the bookie. I woudl suggets that the bookie has something to answer for here, especially as the punter asked to banned from the place on numerous occasions.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote: »
    Which I think is the issue.
    A gambling addiction is as bad as any other.

    What wouls you think of a barman who continued to serve and alcoholic even after the alcoholic had asked to be barred?

    Of course the majority of the responsibility lies with the punter, but a lot of the blame here still lies with the bookie. I woudl suggets that the bookie has something to answer for here, especially as the punter asked to banned from the place on numerous occasions.



    I've got a local alcoholic on my patch, and when I mean alcoholic I mean he regularly drinks himself into oblivion, wanders the streets begging and urinating everywhere before he collapses.
    He's been arrested countless times, i've become involved as second beat manager to try and help him. I've put him in touch with different organisations, spoken to the council who have agreed to help him, and i've personally visited every pub and off licence in the area and requested they don't serve him (at his request) anymore.
    What does he do? His doesn't bother going to his appointments, and just walks to the petrol stations that are miles away to buy more booze. You just can't win with some people.

    The gambler could have sought help for himself, he didn't, or at least did it half-heartedly.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    I've put him in touch with different organisations, spoken to the council who have agreed to help him, and i've personally visited every pub and off licence in the area and requested they don't serve him (at his request) anymore.
    What does he do? His doesn't bother going to his appointments, and just walks to the petrol stations that are miles away to buy more booze. You just can't win with some people.

    The gambler could have sought help for himself, he didn't, or at least did it half-heartedly.

    They're both addicts, they've lost the ability to control themselves, I don't see how you can be surprised at their actions. Of course he's going to do it half-heartedly, of course the other one is going to miss his appointments if there isn't somebody to make him go. The onus should be on the bookie and whoever sells alcohol to the alcoholic.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Runnymede wrote: »
    The onus should be on the bookie and whoever sells alcohol to the alcoholic.

    No it shouldn't.

    If somebody is an alcoholic or a problem gambler - it's their problem. Gamblers' Anonymous/AA/etc work along these lines.

    Yes, it's immoral if I know somebody's an alcoholic and serve them alcohol. However, alcohol is so readily available and there are so many opportunities to gamble - alcoholics and gambling addicts will always find a way. As whowhere said an alcoholic he knows just walks to places miles away... The solution to alcohol and gambling addictions isn't to try and deny alcohol/opportunities to gamble: that's impossible and doesn't cure the problem...

    I hope this guy doesn't get a penny - he's still not taking responsibility for his actions - his problem. If William Hill lose this they should have to pay out to Gamblers' Anonymous. If he can't take responsibility and face up to his problem is he even over it? Or will he gamble away anything he wins back off William Hill?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Christ what next.

    Smoker sues Phillip Morris. Fatty sues McDonald's :rolleyes:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    There is something to be said here about good faith- particularly if the man had asked to be banned and the bookie had actual knowledge of the man's requests, even despite his attitude which I presume was vicissitudinous according to whether he was winning or losing. Even so, I very much doubt the courts will eventually find in favour of the claimant given the underlying moral policy reasons.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Calvin wrote: »
    Christ what next.

    Smoker sues Phillip Morris. Fatty sues McDonald's :rolleyes:

    They've both happened.

    A lot of tobacco companies have been sued in the U.S. but that was when they advertised fags as healthy for you, back in the 50's/60's and there were no warnings on the pack. I doubt you'd be able to do it now though.

    There was some guy last year maybe 2006 who was suing Maccys for making him fat.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    No it shouldn't.

    If somebody is an alcoholic or a problem gambler - it's their problem. Gamblers' Anonymous/AA/etc work along these lines.

    Yes, it's immoral if I know somebody's an alcoholic and serve them alcohol. However, alcohol is so readily available and there are so many opportunities to gamble - alcoholics and gambling addicts will always find a way. As whowhere said an alcoholic he knows just walks to places miles away... The solution to alcohol and gambling addictions isn't to try and deny alcohol/opportunities to gamble: that's impossible and doesn't cure the problem...

    I hope this guy doesn't get a penny - he's still not taking responsibility for his actions - his problem. If William Hill lose this they should have to pay out to Gamblers' Anonymous. If he can't take responsibility and face up to his problem is he even over it? Or will he gamble away anything he wins back off William Hill?

    But that's the rub of it, isn't it? The fact that he used his own name should have raised suspicions. Is it possible that it didn't? Perhaps, but that isn't the defence they're using is it? They could easily have verified his identity if they were suspicious. My point was that addicts relapse, they often don't have the strength to stay on the straight and narrow, because they're addicts. If people don't know that a person is an alcoholic or a gambling addict, then they obviously can't be blamed for providing the service. But if they do know, then the onus does fall on them. I'm not claiming that it will solve the problem on its own.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    The bookies have a responsibility to the peope they're making a living from.
    There's no responsibility here.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think it's the individual's responsibility to stay in control of their actions. If bookies can lose money for something like this, wouldn't it result in the automatic assumption that nobody is able to stop themselves gambling too much? The majority of people should not have their freedom taking from them because the minority make bad decisions. The sole purpose of an adict's day is to find the thing that they're adicted to, so it's unlikely that being banned from one place will make a difference. Unless they contact an organisation for help they probably don't really intend to change.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    RubberSkin wrote: »
    They've both happened.

    I know ;)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    RubberSkin wrote: »
    They've both happened.

    A lot of tobacco companies have been sued in the U.S. but that was when they advertised fags as healthy for you, back in the 50's/60's and there were no warnings on the pack. I doubt you'd be able to do it now though.

    There was some guy last year maybe 2006 who was suing Maccys for making him fat.

    The smoking one was legitimate though. They were sued after purposefully hiding information about the dangers of cigarettes, rather than simply not knowing.

    I wonder whether anyone's ever sued any of those alternative therapy centres, because most of them are proven to do nothing, and yet still advertise themselves as being effective treatments.

    Anyway, I don't think this bloke has a case. It's not a company's responsibility to keep your addiction in check, and you are fully aware of the risks when you gamble. It might have been nice for them to try and help him, but as far as legal responsibility goes, there's obviously none.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Runnymede wrote: »
    They're both addicts, they've lost the ability to control themselves, I don't see how you can be surprised at their actions. Of course he's going to do it half-heartedly, of course the other one is going to miss his appointments if there isn't somebody to make him go. The onus should be on the bookie and whoever sells alcohol to the alcoholic.


    Surprised is the wrong word. Annoyed and disappointed are better ones.

    Still don't think any blame can rest on the bookies though.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    At some points he was earning approx £30,000 a month, over 10 times the national average wage.

    I think the annual average national wage is around the £22 000 mark.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I'm with stupid,
    I wonder whether anyone's ever sued any of those alternative therapy centres, because most of them are proven to do nothing, and yet still advertise themselves as being effective treatments.

    Famous English law case similar to your suggestion: http://en.wikipedia.org/wiki/Carlill_v._Carbolic_Smoke_Ball_Company
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Calvin wrote: »
    Christ what next.

    Smoker sues Phillip Morris. Fatty sues McDonald's :rolleyes:

    Or someone suing the person who gave them their first drink/spliff/pill/line etc...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Teagan wrote: »
    I think the annual average national wage is around the £22 000 mark.



    Which is just under £2000 a month before tax. This guy was on £30,000 a month.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think it's the individual's responsibility to stay in control of their actions.

    I think the man in question has taken great steps to ensure that he remains in control of their actions. He was begging William Hill to refuse his custom so that he could get his life on track. That shows a good level of foresight on behalf of the man. William Hill agreed to do it and then went back on that agreement. He used his own name for crying out loud.

    Sadly William Hill made a lot of money out of this man and so will do nothing. They should be financially responsible for what they do. I hope he wins.

    Laws already exist to prevent drunken people from being served alcohol. There should be similar laws preventing people from gambling using credit cards or from gambling beyond a certain level of loss.

    Yet again I'm amazed that people leap to the defence of the exploitative multinational corporation rather than the poor sap who's life has been destroyed by them.

    The US have the right idea in banning online gambling and sending the owners of online gambling websites to jail. The worst thing in this country is the rise of online gambling websites, it means that more people can lose more money without anyone ever noticing. It's disgusting profiting from that and the online sites (such as William Hill's) are specifically designed to be addictive.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    Most sense in this thead kermit.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    There is a way to aviod serious addictions - when you start to feel that you need to do something, start doing something else to keep you busy. Start a new course, voluntary work or a new hobby. Take new routes to places to aviod the thing you "need" to do. Talk to your friends and familiy. Contact a professional organisation. Don't continue to do something you when you know you shouldn't and then expect somebody else, whose main concern is money, to help you when things really get out of control. I know that the bookie made a lot of money out of the man. I'm sure chip shops make a lot of money out of people who are too busy or can't be bothered to cook, but that doesn't make them responsible for a person being overweight. I've never gambled in my life, and I'm not one of those people who says "I don't but I want the right to" because I honestly don't care. However, I would like people to recognise that I am responsible for my actions. I don't want to have shop assistants checking my bank account to make sure I can afford some shoes, or to have my BMI checked every time I go for a take away. If I mess up, it's because I mess up. The actions that this man is taking prove how irresponsible he is, if you're addicted to something, you'll find it. If he had been refused in one place, he'd go somewhere else. I know that William Hill made a lot of money out of him and probably a lot of other gambling addicts, but I don't think many people would agree that it should be assumed that we are all potential addicts to make a dramatic, anti-capitalist statement.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    There are two points being discussed here.

    1. Should the bookie be responsible in general?

    2. This mans case, the point in question, where William Hill agreed to no longer take his custom and then failed to keep that agreement. That's heading towards being a breech of contract and as such I can completely see why he's claiming from them.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    There are two points being discussed here.

    1. Should the bookie be responsible in general?

    2. This mans case, the point in question, where William Hill agreed to no longer take his custom and then failed to keep that agreement. That's heading towards being a breech of contract and as such I can completely see why he's claiming from them.

    Just my opinions:

    1. Yes, they should have a duty of care over their patrons. This doesn't mean holding their hands and giving back the money when they lose some, but it does mean if someone is gambling too much just being sensible and saying they've had enough. They'll do it in bars (well, they're supposed to - I've never been kicked out of a bar / club for being too drunk and I've collapsed and thrown up all over the place on different occasions).

    2. I think WH have exploited him for their own gain. He's said he's got a problem, he wants to stop, they said are you sure for the next 6 months he said yea - 2 months later he walks in and signs up with the same name and they don't even bother challenging him.

    TBH it seems that WH really couldn't give a rats arse about their patrons - they're just looking for the addicts really to sap them of their money.

    I don't know if the guy should be entitled to all his money back - but I do think there should be a harsh ruling against WH, perhaps even a legal precedent setting out that gambling companies must show a duty of care towards their patrons.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    He lost.

    The right decision I think.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    He lost.

    The right decision I think.

    Like my above post, I didn't know if he should have got a refund, but WH interpretation of the case is pretty grim:
    "The judge found that no general duty of care is owed to problem gamblers and that Hills handling of Mr Calvert's calls did not cause his loss."

    Why is it then pubs have to sell responsibly to problem drinkers? Shops have to sell responsibly if they think people might be a problem.

    It seems gambling firms have it made since it's not their problem.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's a shame that His Honour felt that gambling providers do not owe a duty of care to their customers. It flies in the face of legislation in every other field, especially the laws governing those addicted to alcohol.

    If this is the law it needs changing.

    Those who provide gambling services have a responsibility to ensure that gamblers with addiction problems do not ruin themselves. Particularly with the rise of internet gambling, where people can and do lose hundreds of thousands of pounds without anybody ever noticing.

    It's all well and good saying that people should be more careful. It's not as easy as that. I've used William Hill's website before because of an offer through Quidco (spend £10 and get £30 cashback); I spent £10 in as many minutes on a CGI roulette wheel and the whole website is designed to make it difficult to walk away.

    If they encourage addiction through their marketing then they should pay for the consequences.
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    Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
    He ruled that although the company failed to take "reasonable steps" to stop Mr Calvert from telephone gambling, Mr Calvert's "pathological gambling" would still probably have led to his financial ruin.
    Um, isn't that kind of like saying "The defendant is judged as not guilty, since the one he murdered would still have died eventually"?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    [...] Either way, I suspect that it will affect the gambling industry somehow. Earlier today, I was at a training day in the arcade, and we ended up having quite a big debate about this. According to my boss, who's worked there for several years, I wouldn't be allowed, as a member of staff, to go up to someone and say "excuse me mate, but I think you've got a gambling problem". We're not allowed to intervene until someone actually approaches us, and even then, we're not able to do much more than get them to fill in a self-exclusion form. (i.e. a piece of paper which they sign to ban themselves from the arcades)

    There were pretty mixed emotions about this. It's not really in anyone's interest to have gambling addicts, after all. Aside from the fact it can potentially destroy a person's life, there's also the bad press that the arcade/casino/betting shop, etc, will get afterwards. Questions will inevitably be asked about why no one stepped in, and that's understandable. I do think the law could do more to protect from gambling addiction, particularly from Internet gambling. When I saw the USA making it illegal, I thought to myself "why can't we do that in this country?". It's something I sympathise with.

    However, there's the matter of personal responsibility here too. No one forces anyone to walk into a betting shop. No one forces anyone to make a bet with money that they couldn't afford to lose. One has to remember at all times that the odds are stacked against you when you gamble - most of the money spent ends up being won by the house in pretty much every game. Same with the Internet - no one told me that I have to come online tonight. Similarly, no one's being forced to go online to gamble. But gambling addiction is something very dangerous, and I accept entirely that the industry has to play a bigger role in dealing with this.
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