Reaction to Las Vegas Hotel Suing Mass Shooting Victims

 

Earlier this week it was reported that the owner of the Mandalay Bay hotel in Las Vegas filed a lawsuit against more than 1,000 victims of a mass shooting that killed 58 people in 2017. The MGM Resorts International’s lawsuit does not seek money and appears to be a judicial bid to avoid liability and dismiss claims against it. On October 1st of last year, 64 year old.

Stephen Paddock opened fire at festival attendees before committing suicide. Paddock had set up a firing point with 23 weapons in the Mandalay Bay overlooking the Route 91 Harvest festival, also owned by MGM.

Trial lawyer Christopher Marlowe of The Haggard Law Firm, which has litigated hundreds of negligent security cases many of which were against hotels/motels,  says MGM Resorts International overwhelming failed to pick up the shooter’s behavior that day and had security issues that lead to the tragedy in the weeks and months before it occurred.

“MGM Resorts and Mandalay Bay, in addition to facilitating mass murder at the  Route 91 Harvest Festival in Las Vegas, are now attempting to use the court system to bastardize federal law and revictimize the families of those injured and killed on its property” says Marlowe.

He adds that the Federal SAFETY Act does not provide blanket immunity to landowners and operators who simply write a check to a security consulting firm which happens to be certified by the Department of Homeland Security.  The premise of this lawsuit against all of these victims is that, by hiring a certified firm, MGM had no further obligations whatsoever to its guests.

Marlowe says that the introduction to this absurd lawsuit states, “[Stephen] Paddock intended to inflict mass injury, death and destruction… The post-attack investigation revealed that Paddock brought in his van, which he parked in the hotel garage, 90 pounds of explosives, consisting of 20 two-pound containers of exploding targets, 10 one-pound containers of exploding targets and 2 twenty-pound bags of explosive precursors.”

click here to review notable Haggard Law Negligent Security Cases

The Haggard Law Firm partner adds “The “Seller” of the Qualified Anti–Terrorism Technology used at the festival, Contemporary Services Corporation, was presumably not in control over the security protocols and procedures relative to guests’ stockpiling of weapons at Mandalay Bay in the days leading up to this attack.  The shooter, in addition to the explosives he collected over a prolonged period of time, had twenty-three firearms in his hotel room at the time of the massacre. ”

The overwhelming failure by Mandalay Bay and MGM to appreciate the buildup of an entire militia’s worth of weaponry in a hotel room, by itself, is an independent and direct proximate cause of what ultimately transpired.  The hotel’s effort to immunize itself from negligence spanning not hours, but rather, days, weeks or months of security neglect, cannot be pawned off under a federal statute designed to protect purveyors of security technology for mass terrorism crimes that unfold in a matter of seconds. This particular act of terrorism required the kind of neglect that brings in boardroom level failures across every spectrum of hotel management – not just a few discreet minutes during a single music festival. – Christopher Marlowe

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Summer Swimming Safety Tips

 

By Christopher Marlowe, trial lawyer, The Haggard Law Firm

Deep into the summer months, swimming pools offer a well-earned respite from the sauna intensity of the sun, and the steambath that follows a warm summer rain.  We eagerly jump into swimming pools at hotels, resorts, friends’ houses and on cruise ships.  Those who own pools usually don’t think about pool safety all that much, apart from supervising any children who may be using it.  We assume, subconsciously, that other peoples’ pools, and especially those operated by businesses, are at least as safe as the one we have at our own house, and that the rules at home will be followed as strictly in a public pool as they would be anywhere else.

 

These are dangerous assumptions. If you think that checking the safety of a swimming pool before using it is unnecessary or smacks of paranoia, consider this: drowning is the leading cause of injury death among children ages 1–4 in Florida.  Too many children (of all ages) have drowned without a capable supervisor watching the area, and others have drowned while those nearby confused horseplay with a deadly drowning underway. Our team at Haggard Law Firm has litigated cases time and time again of drownings or near drownings that could have been prevented by those responsible for a pool taking the proper measures to make it the safest environment possible. And yes, many of these cases have been again apartment complexes and hotels.

Here are easy steps to take to ensure safety around pools during your summer vacation:

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Case Themes – Jury Selection Through Closing Argument

 

By Michael Haggard and Todd Michaels, The Haggard Law Firm

Every trial lawyer understands the significance of creating and developing a strong, clear theme for their case at trial.  The theme of your case initiates a tone towards your Case-in-Chief and if powerful enough, it will dictate which fork in the road, favorable or unfavorable to your client, the jury takes.

 

Opening Statements

Opening statement is the second opportunity the trial lawyer has to begin planting the seed of bias in favor of his or her client—seasoned and skilled trial lawyers understand voir dire is really the first opportunity.  It is critical to communicate to the jury and ingrain within each member of the jury a persuasive and powerful theme.  Why?  Once your theme is etched into the minds of the jury, each juror will begin to look for evidence that supports that theme.  If a particular piece of evidence contradicts that theme they will likely discard that piece of evidence or they may not associate as much credence with it as they would have had it fit with your theme.   This is vital to the outcome of your case.  The theme essentially summarizes your case for the jury.  Whether it is a short phrase or one word, the theme should capture the case theory, tone and the area of focus for the jury.  The theme should be simple and easy to understand.   I can share with you a case example in a recent trial of The Haggard Law Firm—the case of Trinard Snell.

 

Our firm tried the negligent security case against a gas station owner and operator, which resulted in a $5.7 million dollar verdict on behalf of the deceased Plaintiff and his survivors.  Understanding the importance of a clear theory and a memorable, persuasive theme, we began opening statement with our theme— inadequate security on a crime-ridden property.

 

The case theme was presented to the jury at the very beginning of opening statement, repeated throughout the entire opening statement and reiterated at the end.  Why?  A concept in psychology—primacy, and recency—tells us that order is important!  The primacy effect is described as the ability of an individual to recall information better that was presented earlier rather than later.  The recency effect is described as the ability of an individual to remember information presented most recently to them better than information that was presented earlier.   When you combine the two, optimal information recollection is achieved.   Therefore, at minimum, the jury must here your theme at the beginning and at the end of your presentation.

 

Haggard Law Firm trial lawyer and Managing Partner, Michael Haggard email MAH@HaggardLawFirm.com

Testimony and Evidence Presented

After your jury has been indoctrinated with the theme of your case through voir dire and opening statement, you must keep the jury on that same track during the presentation of the oral testimony and physical evidence.  Depending on the length of the trial, the jury will hear days to weeks of testimony.  It is their job to sort through the evidence presented and make a just decision at the end of the trial.  After weeks of testimony, jurors often become overwhelmed with the volume of information and evidence presented.  It is the trial lawyer’s job to organize this testimony and evidence presented to the jury in a manner that diminishes this information overload.  I use the analogy of a train on a train track to best describe this concept.  The theme is the locomotive.  Your jury represents the passengers on the train.  The trial lawyer must keep his or her passengers onboard throughout the entire trial until arriving at destination “Favorable Verdict.”

More on Negligent Security

One way to ensure your train passengers are not disembarking is to reiterate your theme and theory of your case throughout each segment of the trial.  Your theme should be clear, concise and easy to recognize.  The theme is the lens through which your jury will view the case.   It is imperative that the lens you provide to the jury is the correct diopter—representing a powerful and persuasive theme.   An incorrect diopter will result in a hazy, unclear view of your case and perhaps an unfavorable verdict.  Mock trials and jury focus groups are a great way to gauge the lens diopter your jury will need.

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As simple as this may sound, many lawyers have a difficult time successfully implementing these techniques.  Through our years of law school and demanding casework at our prosperous law firms, our legal minds are trained to analyze the complexities and minutiae of the law, creating sophisticated legal arguments for opposing counsel and the court.   The basic techniques of persuasive communication are often neglected due to the lawyer’s engrossment with the complexities of the legal issues of their case and their own familiarity with legal terms and attitude of simplicity.  For example, the trial attorney that uses the theme of “Negligent Actions” will be rudely surprised by the jurors’ varying definitions of negligence.  Despite the lawyer’s familiarity with the term “negligence” and its rudimentary elements, it is not so easily nor correctly defined by the jury.   Through juror focus groups and mock trials, the lawyer can clear out the fog and rework the case theme prior to trial.  During the deliberations at mock trials, I often hear jurors begin an explanation with “Personally, I feel that…” or “To me, this means…”  These phrases are indicative of “information gap-filling.”  Jurors will pull from their personal experiences to fill in the gaps.  Those gaps are either areas where the jury is confused or has simply forgotten the information presented.  Regardless of the reason for the existence of the gap, the juror will instinctively try to fill that gap in order to make sense of the legal questions they are tasked with answering.   This illustrates why trial lawyers cannot forget the basics and cannot neglect the importance of simplifying and effectively communicating those complex issues to the members of the jury.  The skilled trial lawyer will be mindful of this.  The skilled trial lawyer will have an engaging theme.

 

 

Nuances of the Case Theme

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2018 Super Lawyers: All Haggard Law Attorneys Named to List

Once again, all Haggard Law Attorneys have been named to the latest edition of Super Lawyers. The 2018 list was released earlier this week.

Trial lawyers Andy Haggard, Michael Haggard , Douglas McCarron, Todd Michaels, Christopher Marlowe, Jason Brenner and Pedro Echarte are listed in the Personal Injury General: Plaintiff Category.

Our Appellate Attorney James Blecke was 1 of only 6 attorneys in Florida included on the Appellate List.

 

About Super Lawyers

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