Security Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Security Magazine logo
  • NEWS
    • Security Newswire
    • Technologies & Solutions
  • MANAGEMENT
    • Leadership Management
    • Enterprise Services
    • Security Education & Training
    • Logical Security
    • Security & Business Resilience
    • Profiles in Excellence
  • PHYSICAL
    • Access Management
    • Fire & Life Safety
    • Identity Management
    • Physical Security
    • Video Surveillance
    • Case Studies (Physical)
  • CYBER
    • Cybersecurity News
    • More
  • BLOG
  • COLUMNS
    • Cyber Tactics
    • Leadership & Management
    • Security Talk
    • Career Intelligence
    • Leader to Leader
    • Cybersecurity Education & Training
  • EXCLUSIVES
    • Annual Guarding Report
    • Most Influential People in Security
    • The Security Benchmark Report
    • The Security Leadership Issue
    • Top Guard and Security Officer Companies
    • Top Cybersecurity Leaders
    • Women in Security
  • SECTORS
    • Arenas / Stadiums / Leagues / Entertainment
    • Banking/Finance/Insurance
    • Construction, Real Estate, Property Management
    • Education: K-12
    • Education: University
    • Government: Federal, State and Local
    • Hospitality & Casinos
    • Hospitals & Medical Centers
    • Infrastructure:Electric,Gas & Water
    • Ports: Sea, Land, & Air
    • Retail/Restaurants/Convenience
    • Transportation/Logistics/Supply Chain/Distribution/ Warehousing
  • EVENTS
    • Industry Events
    • Webinars
    • Solutions by Sector
    • Security 500 Conference
  • MEDIA
    • Videos
      • Cybersecurity & Geopolitical Discussion
      • Ask Me Anything (AMA) Series
    • Podcasts
    • Polls
    • Photo Galleries
  • MORE
    • Call for Entries
    • Classifieds & Job Listings
    • Continuing Education
    • Newsletter
    • Sponsor Insights
    • Store
    • White Papers
  • EMAG
    • eMagazine
    • This Month's Content
    • Advertise
  • SIGN UP!
Security NewswireSecurity Leadership and ManagementAccess ManagementIdentity ManagementPhysical SecurityVideo Surveillance

Las Vegas Lawsuit Raises Security Liability Questions

By A. Benjamin Mannes
police1-900px.jpg
July 19, 2018

On July 16, 2018; MGM Resorts International, owner of the Mandalay Bay Casino & Hotel, filed federal lawsuits against more than 1,000 Las Vegas mass shooting victims in an effort to avoid liability in legal actions related to the gunman who opened fire on an outdoor concert from his Mandalay Bay suite on Oct. 1, 2017, killing 58 concertgoers and injuring hundreds of others. The company, which owns Mandalay Bay and the Route 91 Harvest festival venue, argues that it cannot be held liable for the shooting’s deaths, injuries or other damages, adding that any claims against MGM parties “must be dismissed,” according to complaints filed last week Friday in Nevada and California.

“Plaintiffs have no liability of any kind to defendants,” the complaints argue.

In their suit, MGM Resorts cited a 2002 Federal act that extends liability protection to any company that uses “anti-terrorism” technology or services that can “help prevent and respond to mass violence.” In this case, the company argues, the security vendor MGM hired for Route 91, Contemporary Services Corp., was protected from liability because its services had been certified by the Department of Homeland Security for “protecting against and responding to acts of mass injury and destruction.”

The lawsuits argue that this protection also extends to MGM, since MGM hired the security company. While these suits do not seek money from victims, they are asking the court to rule on whether the 2002 act is applicable, and if so, determine that future civil lawsuits against the company are not viable.

From the perspective of both an expert witness and subject matter expert in security and the standard of care, this raises an interesting question that may impact case law regarding the application of the 2002 law.

First, while MGM Resorts owned both the hotel and venue, the two may need to be separated in regards to liability pursuant to this incident. Had the shooter attempted a dynamic attack in where he entered the venue from the ground level, regardless of weapon, this claim would likely have merit as the venue had hired approved security at the event. However, the attack had occurred from an elevated position, within the Mandalay Bay Hotel where it is now known that the shooter had spent days bringing large caches of weapons, using service elevators and making unauthorized alterations to the room (constructing his sniper perch). Even in a casino resort, known for an extremely high amount of video surveillance and security guards, the shooter’s pre-event behaviors went unquestioned and unreported to law enforcement.

Therefore, it is arguable within the framework of this complaint that one can ask if the security coverage at Route 91 can offset the liability for the perceived security failures within the Mandalay Bay Hotel.

Second, the application of this law calls into question the nature of the attack. While active shooter incidents are without question, terrifying, did this attack fall into the federal definition of terrorism?  The U.S. Code of Federal Regulations (28CFR§0.85) defines terrorism as "the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives". In the Mandalay Bay shooting, the objectives and/or classification of the shooting remains publicly unknown.  

While the FBI was called in to assist and is investigating the case, they have not called the Las Vegas mass shooting an act of terrorism because the gunman had no clear motive, and the FBI defines terrorism as an act of terror associated with extremist ideologies of a political, religious, social, racial or environmental nature. If the conclusion of this case results in no official label of terrorism, then it will remain a case closed by the Clark County Sheriff/Las Vegas Metropolitan Police, and the application of the federal act in question; passed a little over than a year after the September 11, 2001 attacks may not be suitable to protect MGM Resorts from litigation.

What is clear, from the perspective of those in the security community, is that practitioners in the age of the active shooter have little room for mistake when suspicious behaviors go unnoticed. Regardless of whether you’re protecting a quiet location or a Las Vegas Hotel & Casino, it’s better to be safe than sorry. Having effective escalation pathways, investigative response plans, and suspicious behavior training specific to your location are necessary tools in the prevention of mass casualty incidents.

KEYWORDS: liability liability protection mass shooting risk management

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Press photo

A. Benjamin Mannes, MA, CPP is a decorated former municipal and federal law enforcement officer and criminal justice reform advocate. He has served as a consultant and expert witness in security and safety and was the Director, Office of Investigations for the American Board of Internal Medicine from 2008-2017. Mannes is a public safety contributor to Philadelphia Weekly, Broad + Liberty and other publications and he currently serves on the Public Safety Advisory Board for Pennsylvania Gubernatorial candidate Lou Barletta.

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Security's Top Cybersecurity Leaders 2024

    Security's Top Cybersecurity Leaders 2024

    Security magazine's Top Cybersecurity Leaders 2024 award...
    Security Enterprise Services
    By: Security Staff
  • cyber brain

    The intersection of cybersecurity and artificial intelligence

    Artificial intelligence (AI) is a valuable cybersecurity...
    Columns
    By: Pam Nigro
  • artificial intelligence AI graphic

    Assessing the pros and cons of AI for cybersecurity

    Artificial intelligence (AI) has significant implications...
    New Security Technology
    By: Charles Denyer
Subscribe For Free!
  • Security eNewsletter & Other eNews Alerts
  • eMagazine Subscriptions
  • Manage My Preferences
  • Online Registration
  • Mobile App
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Security audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Security or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Crisis Response Team
    Sponsored byEverbridge

    Automate or Fall Behind – Crisis Response at the Speed of Risk

  • Perimeter security
    Sponsored byAMAROK

    Why Property Security is the New Competitive Advantage

  • Duty of Care
    Sponsored byAMAROK

    Integrating Technology and Physical Security to Advance Duty of Care

Popular Stories

Pills spilled

More than 20,000 sensitive medical records exposed

Laptop in darkness

Verizon 2025 Data Breach Investigations Report shows rise in cyberattacks

Coding on screen

Research reveals mass scanning and exploitation campaigns

White post office truck

Department of Labor Sues USPS Over Texas Whistleblower Termination

Computer with binary code hovering nearby

Cyberattacks Targeting US Increased by 136%

2025 Security Benchmark banner

Events

May 22, 2025

Proactive Crisis Communication

Crisis doesn't wait for the right time - it strikes when least expected. Is your team prepared to communicate clearly and effectively when it matters most?

September 29, 2025

Global Security Exchange (GSX)

 

View All Submit An Event

Products

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

See More Products

Related Articles

  • Education - Security Magazine

    The Risks of Oversimplifying the School Security Issue

    See More
  • Security blog default

    What Security Leaders Can Learn From the Coronavirus Threat

    See More
  • police1-900px.jpg

    Was the Capital Gazette Shooting a Reminder of Security Responsibility?

    See More
×

Sign-up to receive top management & result-driven techniques in the industry.

Join over 20,000+ industry leaders who receive our premium content.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing