Numerous families and victims are beginning to ask this question. Should Mandalay Bay be accountable for medical expenses, future medical expenses, and disabilities that many will suffer for life? This is an issue which will likely be addressed over the following months and litigated months, if not years. Many legal analysts and hotel executives across the country have begun assessing liability concerning Mandalay Bay for the Route 91 Harvest Festival deadly shooting. 

While the investigation is ongoing, there are certain details which have been communicated to the public supporting the position that Mandalay Bay should be held liable. There were multiple warning signs which went unnoticed by Mandalay Bay employees. Paddock was a guest of Mandalay Bay for three days prior to the shooting. During the course of those three days Paddock managed to shuffle in at least 10 suitcases to his 32nd floor suite. All of which were likely used to transport the 23 guns investigators found in his room.  More importantly, Paddock did not allow housekeeping in his suite for the entire duration of his stay by displaying a "do not disturb" sign. At a minimum, wouldn’t Mandalay Bay seek access to Paddocks room for a wellness check for their guest?  Suspicions should have been raised by the Mandalay Bay and gaining entry (which a hotel has the right) into Paddocks suite would have likely foiled his ability to carry out the shooting. Paddock further set up cameras and an elaborate surveillance system, all of which went unnoticed and unreported. 

Globally, mass shootings have become a part of our reality. In the past, Las Vegas has even been identified as a target. While unfortunate, this type of activity is foreseeable. Paddocks actions at Route 91 are not the first mass shooting at such an event or venue. Shouldn’t Mandalay Bay and other hotel venues be aware of such impending threats? What steps have been taken by the Mandalay Bay to prevent such a crime? What preventative measures were taken to protect concert goers and guest? As information continues to becomes available, liability builds against Mandalay Bay.

For more information on this subject, Benson & Bingham partner Joseph Benson explores the Mandalay Bay Hotel and Casino's potential negligence in the tragedy in more detail.