The Mandalay Bay portion of the lawsuit is probably fifty-fifty.
The bump-fire stock manufacturer portion is DOA. They can’t be held liable for the illegal use of what amounts to a novelty product.
The festival promoter? That’s got teeth. One can easily argue that when putting on an event such as that, it is the promoter’s responsibility to ensure that in the event of an emergency - yes even one that has “never happened” - their staff are all adequately trained on what actions they should and shouldn’t take. They should be trained on where the emergency exits are and how to get people to them; whether or not to turn on the lights; whether or not to get on the mic and give directions...etc. And there should be medical personnel on site as well. None of that is saying it would have made any difference - but if the plaintiff can show they didn’t have these things...it may make a difference.
And I was a musician in a former life so I’m well aware that 90% of the staff at these shows are either close to or as baked/intoxicated as the rest of the crowd. That could work against them as well if it comes out in depositions.
Preview isn’t your friend... *Proofreading* is your friend.
None of that is saying it would have made any difference in the outcome of the shooting - but if the plaintiff can show they didn’t have these things...it may make a difference in the outcome of the case.
Coming soon - music festivals to spend 15 minutes before the band plays advising people of exits and what to do if someone shoots at the crowd. Just like airline staff telling passengers what to do in emergencies - most people ignore the message until real crap happens then they panic.