After nearly four weeks from the tragic events that left 59 people dead and scores of individuals scarred for life both physically and emotionally, the questions are beginning to surface about liability.
At the center of this inquiry lies the Mandalay Bay Hotel. The question persists, how could the hotel not have seen or caught on to the arsenal of 23 assault rifles brought into the room by the high roller gambler? Or, perhaps, was it his high-rolling at the hotel that caused the hotel to not pay attention? These questions abound and will no doubt be at the center of what is likely to be a number of lawsuits that will follow from the tragic events.
Wouldn’t it be interesting to juxtapose the level of scrutiny and “watching” that is done on the casino floor with the level of “watching” that occurs off the casino floor?
In an industry where large consistent winnings can buy you a trip out of the casino, as well as an invitation to never come back, why and how can it be so difficult to spot a single individual hauling bag after bag large enough to hold assault weapons?
And is there liability beyond the hotel? Does the concert venue and promoter have a responsibility to protect concert goers from such dangers?
Without question, dangers and risks are foreseeable at a concert. Such foreseeable dangers are reflected by the fact security is always present. This includes guns and gun fire.
But defense will no doubt argue that an attack on this level is not foreseeable and they will point to the fact that such has never occurred on this level before.
But what about the night club events in Florida that left nearly 50 dead? Does that same event not create foreseeability on the part of the concert promoters and venue?
These will likely be questions that will have to be decided by a judge at the summary judgement level, and if allowed to proceed, it will be the people of Clark County Nevada, and other jurisdictions who will get to determine what the standard of care is required of hotels and concert venues in like or similar circumstances.
At the Ochs Law Firm our hearts absolutely ache for the families hurt by this horrific tragedy. We believe justice should be sought and accountability should be had and that the community should have the opportunity to declare the standard of care.
