Are you Gambling with Your Business?—What You Should Know about Legal Differences Between Gaming Ashore and Afloat

Abstract

There are critical legal distinctions for casino liabilities depending upon whether they are on land or afloat. Distinctions also exist depending upon whether the casino is floating but stationary, or navigating on U.S. waters, or navigating on international waters. Liabilities for injuries to employees are radically different between land‐based and floating casinos. Casino vessels enjoy advantages for suit time requirements, choice of law, and choice of forum for resolving disputes. Conflicting rulings exist as to whether state or maritime dram shop laws apply as to service of alcohol to a vessel passenger, who causes injury to a third party after disembarking. These distinctions, along with others, are compared. Gambling incorrectly on employee obligations, applicable insurance, and dram shop liabilities could be a costly mistake.

Keywords:

• Cruise ship gaming laws
• maritime gaming
• maritime dram shop laws
• cruise ship employment liability
• maritime liens
• maritime liability