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Originally posted by: marcusmeow
If both sides are culpable, then shouldn't the casino return half his money asnyder?
Well, if it went to trial, a jury would have to determine whether either side was at fault. If they deem one side at fault, but not the other, then one person wins 100% and the other loses 100%. If, on the other hand, if the jury determines both sides are at fault, then the jury gets to compare the degree of fault as it relates to the gambler's negligent behavior versus the casino's negligent behavior. It doesn't have to be 50/50 fault. Maybe the gambler was 90% at fault and the casino was 10% at fault. To a certain extent, it's a completely capricious percentage--but that's what the jury gets to choose.
Also, I don't know that there's any "giving money back" to the gambler, it's my understanding the bulk of this $500K is debt incurred via markers.