Land-based casino liable for duty-of-care breach, EUR 5,000 (Rechtbank Oost-Brabant): Status, Rulings and What It Means for Players

What this case is about

Eiser tegen Hotel Gaming B.V. is a duty-of-care (zorgplicht) case decided by the Rechtbank Oost-Brabant on 18 January 2023, case number C/01/330362 / HA ZA 18-88, ECLI:NL:RBOBR:2023:214. It was filed in 2018 and is part of the field of Gambling Addiction Lawsuits.

A visitor with a gambling addiction, who also used cocaine on the premises, sued the land-based casino Hotel Gaming B.V. in Nuland. The claims were breach of the duty of care (zorgplicht), a wrongful act (onrechtmatige daad) and damages estimated under article 6:97 of the Dutch Civil Code.

Who is covered

This is an individual case, not a class action. The plaintiff is one visitor, and the defendant is Hotel Gaming B.V. in Nuland, the Netherlands.

The ruling is first instance and binds only the parties. Other Dutch matters are collected under Gambling Lawsuits in the Netherlands.

Is there a payout?

No payout exists in this case for other players, because it is an individual action and no fund or class exists. The court did order Hotel Gaming to pay this one plaintiff EUR 5,000 in damages, plus interest from 10 October 2016 and costs of EUR 3,670.48.

The plaintiff had claimed EUR 90,000, later at least EUR 379,000. The court set the damages ex aequo et bono (on fairness) and awarded much less.

What the court decided

On 18 January 2023 the court declared the casino's conduct unlawful. The casino knew of the visitor's cocaine use but imposed no involuntary ban.

The court awarded only EUR 5,000 because the visitor's losses were not documented. As of 14 November 2026 the status is judgment. The record used here does not show any appeal.

Why it matters

The judgment shows that a land-based casino in the Netherlands can be found liable when it knows of a visitor's addiction-linked problems and does not act. It also shows the cost of weak evidence: a claim of at least EUR 379,000 ended at EUR 5,000.

For the grounds on which such claims have worked elsewhere, see Can You Sue a Casino or Sportsbook.

Questions people ask

Was the casino found liable?

Yes. On 18 January 2023 the Rechtbank Oost-Brabant held that Hotel Gaming B.V. acted unlawfully. It knew of the visitor's cocaine use and imposed no involuntary ban.

Why was the award only EUR 5,000?

The visitor's losses were not documented. The court therefore estimated damages ex aequo et bono at EUR 5,000, against a claim that had grown to at least EUR 379,000.

What other amounts did the court order?

The court ordered interest on the EUR 5,000 from 10 October 2016 and costs of EUR 3,670.48. The case record shows the amount claimed started at EUR 90,000.