People in Nevada and all over the country are still mourning the loss of lives from the mass shooting at the Mandalay Bay in October. As the shock begins to wear off, people are looking for answers and want somebody to be held accountable. Arguments on whether the hotel will be held liable are being tossed around, and opinions differ.
According to FindLaw, tragedy seems to attract lawsuits and there are many possible targets including the city, the designer of the hotel, concert organizers or management of Mandalay Bay. The biggest argument seems to be the hotel was negligent in regard to protecting the victims and in its response to the attack. In order for negligence to be proven a number of things would need to be established. The plaintiff would have to show:
- Duty of the hotel to provide protection against a mass shooting for concertgoers
- Breach of that duty
- The victims’ injuries were a result of this breach as opposed to an interfering act
The Las Vegas Review Journal expresses doubt Mandalay Bay will be found to be liable for the shooting, as proving it was a foreseeable event may be challenging. Based off the lawsuit brought against a Colorado theatre in the mass shooting attack of 2012, the actions of lone shooters can be hard to forecast. However, some believe the actions of the Vegas shooter should have produced red flags for housekeeping and security, showing the hotel could have foreseen the attack.
Whether anyone will be found to be responsible for the shooting remains to be seen. However, no legal judgment can bring back the loved ones and friends who lost their lives.