MIAMI –– MGM Resorts International asked a federal court on July 17 to limit its liability for deaths and injuries arising from last year's mass shooting at the at the Route 91 Harvest Festival in Las Vegas.
MGM owns Mandalay Bay, the hotel where the shooter, Stephen Paddock, carried out the attack from his 32nd floor hotel room. MGM also owns the area where the festival was held.
MGM filed the complaint for declaratory relief in the U.S. District Court for the Southern District of Florida, alleging more 2,500 individuals sued or threatened sue to hold the company liable in the mass shooting.
MGM says it is protected by the SAFETY Act.
According to the complaint, MGM is protected by the SAFETY Act, which is supposed to shield companies from liability when they provide security but fail to stop a terrorist attack.
“Security for the concert was provided by Contemporary Services Corporation, whose security services have been certified by the Secretary of Homeland Security for protecting against and responding to acts of mass injury and destruction,” the complaint states.
Congress recognized the national interest in such events and "provided original and exclusive federal jurisdiction for any claims of injuries arising out of or relating to mass violence where services certified by the Department."
MGM claims the SAFETY Act applies despite the lack of motive assigned to Paddock.
Because the SAFETY Act applies to to claims “arising out of, relating to, or resulting from an act of terrorism,” MGM cited the definition of terrorism, saying the act meets the requirements if the act is unlawful, causes harm to a person in the United States and uses or attempts to use weapons designed or intended to cause mass injury.
“There is no requirement in the statute or regulations of an ideological motive or objective for the attack for it to meet the requirements of the SAFETY Act,” the complaint states.
The complaint also states MGM did nothing to aid or abet the "act of terrorism."