Casinos: Jackpot won? - The casino offers a steak as an alternative.

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OGH: Novomatic must pay 430,000 euros
Photo: APA/HERBERT PFARRHOFER

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The plaintiff gambled on Slot machines for many hours a day for years. According to an expert, the man was partially legally incompetent.
07.02.2017, 13:29

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The gambling group Novomatic has to accept a legal defeat in a gambling case. The Supreme Court (OGH) rejected an extraordinary appeal of Novomatic against a verdict according to which the company has to pay back 372,220 euros gambled away money to a gambling addict. Including interest, the plaintiff already received 430,000 euros.
As with many other gambling lawsuits, the case dealt with the question of whether Novomatic customers were partially legally incapable while gambling at machines due to Gambling addiction and can therefore reclaim their gambled away stakes via court.





In the current case Novomatic doubted the plaintiff's gambling addiction, saying he had merely acquired "psychiatric knowledge". The group also criticized the expert appointed by the court, who sided with the gambler.
Usually in player proceedings, the decision on whether or not someone is awarded money hangs with the expert witness. Some are known to be almost always pro-plaintiff, that is, to certify them addicted to gambling and subsequently partially incapacitated. Others tend to be skeptical.
25 days a month at the slot machine
The man, who has now also been lucky at the OGH, left vast sums of money in Novomatic gambling establishments in Vienna between 2004 and 2013. About 25 days a month, he gambled several hours a day, according to the first court. "It was not possible for him to refrain from going to the gaming venue and to independently stop gambling," the OGH decision of Jan. 26, 2017, obtained by APA, said. In the end, he lost his entire fortune. His children had to sleep on mattresses because there was no money for a bed.
The plaintiff originally sought repayment of 675,860 euros, but was unable to provide evidence of all the sums he had gambled away. In the end, he was awarded 372,220 euros by the first and second instances. In addition, he received four percent interest for several years. According to plaintiff's attorney Peter Ozlberger, Novomatic has already paid the 430,000 euros.
Novomatic was not able to prevail with its arguments in the case, neither at the first and second court nor at the highest court. The court of appeal had already stated that Novomatic ignored the expert's explanations according to which the plaintiff's freedom of will and decision could very well be excluded. Because "credit card and cash withdrawals verifiable over a long period of time" allow "very concrete and vivid conclusions about the plaintiff's visits to the gaming hall". The provability of claimed gaming frequency and intensity was not to be assessed by the expert, said the Supreme Court.
According to the Supreme Court, the fact that the lower courts certified the plaintiff's partial incapacity is "justifiable and does not require further correction." According to the Supreme Court, incapacity is not only given in the case of "complete inability to form a will". For partial incapacity, "it depends on whether the person concerned was able to assess the scope and effects of a particular legal transaction and to dispose of it in accordance with this insight."
Whether a plaintiff was legally incapable at a certain point in time is, in the view of the Supreme Court, not a legal question of significance, but rather a typical assessment of an individual case. For this reason, Novomatic's extraordinary appeal had to be rejected.

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JulianK wrote on 06/25/2017 at 00:10:

As it says in the Youtube title above, an American woman hit the $42 million Jackpot on a slot machine.
However, the payout didn't go quite as reputably as she thought it would.

Really unimaginable how you must feel about the situation

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JulianK wrote on 07/31/2017 at 14:28

Zocki15 wrote on 07/31/2017 at 11:13 AM

The video is not playing for me. Could someone say what reasons did the casino find for this? Am quite curious...

So after she took the receipt from the machine and went to the casino employee and asked "What did I win?" he responded with "You didn't win anything" .... The casino relies on the fact that the machine had a malfunction and therefore the Jackpot she had won was a loser, but the casino offers her to pay back the stake of the 2,50$ and also a dinner in the house own steak restaurant... and now she goes with a lawyer against the casino

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