Can I sue FanDuel for negligence and damages due to gambling addiction?

Question from tweak, Can I sue FanDuel for negligence and damages due to gambling addiction?

Answer from AI:

Legal Duty to Intervene or Close the Account

Michigan’s online‑gaming statutes (MCL 432.204) and the accompanying regulations (R 432.641) require licensed operators to maintain responsible‑gaming programs. Those programs must:

• monitor wagering patterns for signs of problem gambling,
• intervene when a player’s activity exceeds “abnormal” thresholds, and
• offer tools such as self‑exclusion, loss limits, or account closure.

FanDuel’s own responsible‑gaming policy mirrors these statutory duties. Because you placed more than 90,000 bets in a few months and sent a written warning on August 10 that identified “30k+ abnormal bets,” the operator had a clear factual basis to trigger its internal safeguards. Under the regulations, a reasonable operator would be expected to:

1. Review the activity promptly (the law does not prescribe an exact timeline, but “prompt” is interpreted as within a few business days).
2. Contact the player to discuss limits or self‑exclusion, and
3. Close or suspend the account if the player refuses to accept protective measures.

Given the volume of bets and the explicit warning, a court could find that FanDuel owed you a legal duty to act much earlier than the 97‑day delay you experienced.

Whether the Conduct Equals Gross Negligence, Reckless Conduct, Fraud, or Breach of Duty

The facts you describe fit several legal concepts:

Concept	How the facts align
Breach of duty	FanDuel’s policy and Michigan regulations impose a duty to intervene. Ignoring the warning and failing to contact you after promising to do so is a straightforward breach.
Gross negligence	The operator’s inaction was not merely a simple mistake; it was a failure to exercise even minimal care despite clear evidence of harm. Courts often treat a deliberate disregard for a statutory duty as gross negligence.
Reckless conduct	By continuing to allow the betting activity after being alerted, FanDuel acted with a conscious disregard for the substantial risk of causing you serious emotional and psychiatric injury.
Fraud	Fraud generally requires a deceptive misrepresentation made with intent to induce reliance. While FanDuel promised help and then closed the account, the promise was not a false statement of fact but an unfulfilled assurance, making a fraud claim weaker than the negligence‑based claims.

Overall, the strongest cause of action is likely negligence (including gross negligence) and breach of statutory duty, with reckless conduct as a possible alternative theory. Fraud would be harder to prove unless you can show intentional deception.

Potential Recoverable Damages

If a court finds FanDuel liable, damages may fall into two categories:

1. Compensatory Damages

These aim to make you whole for losses directly caused by the operator’s conduct:

• Medical expenses – costs of psychiatric treatment, medication, and any ongoing therapy.
• Lost wages or earning capacity – if the disorder prevented you from working.
• Pain and suffering – for the emotional distress, depression, and hallucinations you experienced.
• Other out‑of‑pocket costs – such as travel to medical appointments or counseling for family members.

2. Punitive (or Exemplary) Damages

Michigan law allows punitive damages when the defendant’s conduct is “willful, wanton, or reckless” (MCL 423.2105). The statutory ceiling is three times the compensatory award or $500,000, whichever is greater, but the actual amount depends on the jury’s assessment of the operator’s culpability.

Realistic Outlook

• Compensatory recovery is fairly certain if you can document medical bills, loss of income, and the causal link between FanDuel’s inaction and your diagnoses.
• Punitive damages are possible but not guaranteed; they hinge on proving that FanDuel’s conduct rose to the level of “reckless disregard” of a statutory duty.

Because each case is fact‑specific, consult a Michigan‑licensed attorney who can evaluate the strength of your evidence, calculate the likely monetary exposure, and advise on the best procedural strategy (e.g., filing a claim under the Michigan Consumer Protection Act in addition to a negligence suit).

For the statutory framework, see the Michigan Gaming Control Board site and the FanDuel Responsible Gaming Policy (links provided above).