Oct 11, 2017, 11:09 PM ET

Vegas shooting survivor sues hotel, festival organizer, bump stock maker, Paddock estate

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Paige Gasper came close to becoming one of gunman Stephen Paddock's victims when he shot into a crowd of 22,000 at a Las Vegas country music festival headlined by Jason Aldean last week.

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Fifty-eight people were killed in the massacre, and hundreds of others, like Gasper, were wounded.

Luckily, Gasper, a 21-year-old Sonoma State University student, beat death in the nation's worst mass shooting in modern history with the aid of good Samaritans who pulled her, incapacitated, into a pickup truck and transported her to a hospital.

Now Gasper, of Wheatland, California, is suing the hotel, the concert organizers, bump stock manufacturers and retailers as well as the estate of Stephen Paddock for negligence in failing to prevent his 11-minute terrorizing rampage.

She filed the lawsuit Tuesday in Clark County, Nevada.

Gasper's lawsuit alleges MGM Resorts International and its subsidiary Mandalay Corp., which own the hotel, failed to properly monitor Paddock's activities and responded too late to the shooting of a hotel security officer. According to the Las Vegas Metropolitan Police Department, Paddock fired at the security officer six minutes before opening fire on the crowd below.

The lawsuit also accuses Live Nation Entertainment Inc., the festival organizer, and unnamed event promotion companies of negligence for failing to provide adequate exits for festivalgoers. The lawsuit also alleges Live Nation was negligent for improperly training staff for an emergency.

Another defendant in the suit is Slide Fire Solutions, the maker of bump stock devices that Las Vegas officials claim were used by Paddock, of negligence, design and manufacturing defects.

At a press conference Wednesday, one of Gasper's attorneys, Michelle Tuegel, said the lawsuit was filed in order get "action and answers."

Also present was Gasper's mother, Heather Selken, who explained the impetus for the lawsuit, saying, "[We] want things put in place so this won't happen to you or your family," she said.

PHOTO: Paige Gasper is pictured in this undated stock photo.Obtained by ABC News
Paige Gasper is pictured in this undated stock photo.

MGM Resorts spokeswoman Debra DeShong responded to the lawsuit in a statement to ABC News, and said, "As our company and city work through the healing process, our primary focus and concern is taking actions to support the victims and their families, our guests and employees and cooperating with law enforcement ... Out of respect for the victims we are not going to try this case in the public domain and we will give our response through the appropriate legal channels."

A Live Nation representative said in a statement to ABC News that the company is "heartbroken" for the victims and their families and it is working with the FBI but is "unable to comment specifically on pending litigation."

Messages left by ABC News for Slide Fire were not immediately returned.

And messages left by ABC News for an attorney representing Paddock's girlfriend, Marilou Danley, have also not been returned.

It is unclear if Paddock's family has retained an attorney.

As Paddock, a 64-year-old retired accountant and video-poker-playing high roller, was in his room on the 32nd floor of the Mandalay Bay Resort and Casino making preparations for the shooting on the night of Oct. 1, Gasper was taking in the third day of the Route 91 Harvest Festival in the Las Vegas Village.

For 11 minutes, Paddock, after busting through two windows, showered the staging grounds with bullets, police confirmed.

One bullet, according to the lawsuit, "believed to be from the weapon of Paddock" struck Gasper by entering her right underarm, then "traversed right breast tissue, shattered ribs and lacerated her liver before exiting out her right side."

After suffering the bullet wound, Gasper, the lawsuit adds, "was rendered physically incapacitated as a result of her injuries" and inadvertently trampled by friends and escaping crowds of people "as they tried to flee the concert venue."

Fortunately, Gasper was taken to safety by numerous good Samaritans.

One, the lawsuit notes, "helped her take cover behind a metal trash dumpster." Another took her out of the staging grounds, and a third lifted Gasper into the truck that took her and other injured concertgoers to Spring Valley Hospital.

Tragically, Gasper was the only person in the pickup truck to pull through, the lawsuit says.

PHOTO: Shooting instructor Frankie McRae illustrates the grip on an AR-15 rifle fitted with a bump stock at his 37 PSR Gun Club in Bunnlevel, N.C., Oct. 4, 2017.Allen G. Breed/AP
Shooting instructor Frankie McRae illustrates the grip on an AR-15 rifle fitted with a "bump stock" at his 37 PSR Gun Club in Bunnlevel, N.C., Oct. 4, 2017.

Bump stock makers and dealers

The lawsuit claims that Moran, Texas-based Slide Fire Solutions LP and other unnamed bump stock dealers and makers, referred to in Gasper's lawsuit as "Doe Manufacturers" and "Roe Retailers," had a hand in the murderous act committed by Paddock.

Officials said the Las Vegas gunman had two bump stocks, which could have converted semiautomatic firearms so they perform like fully automatic ones.

The lawsuit claims that bump stock or bump fire devices "contributed to Paddock's commission of the mass shooting."

Mandalay Bay Resort and Casino

MGM and Mandalay Corp., the parent companies of the hotel where Paddock stayed, were accused of failing to train their personnel or supervise them "adequately." In addition, the lawsuit alleges that the companies failed to monitor the hotel premises for the shooter's delivery of guns and ammunition to his hotel room or monitor closed circuit television (CCTV) while Paddock planted video devices.

The police have confirmed that Paddock planted one video device in his hotel room peephole, and a second device was concealed in a Mandalay Bay food service cart left by Paddock in the hallway outside his room.

The cameras, according to the lawsuit, were used "to keep an eye on and to attempt to thwart law enforcement."

That echoed Clark County Sheriff Joseph Lombardo's previous comments to reporters that the cameras were there to who could see "anybody coming to take him into custody."

The lawsuit also accused the hotel security of "failing to timely respond or otherwise act upon Paddock's shooting of Mandalay Bay security officer Jesus Campos."

Campos, the lawsuit says, "was shot six minutes prior to Paddock's commencement of shooting towards the concert venue."

Lombardo revised the timeline of the shooting during a press conference Monday, telling reporters, "What we have learned is Mr. Campos was encountered by the suspect prior to his shooting to the outside world."

The lawsuit comes days after the Lombardo came out supporting the hotel security's handling of the shooting.

"The Mandalay Bay security was fantastic," he said last week. "I don't want anyone to think that it's not safe to stay at one of our hotels."

Attempts by ABC News to get a response from the LVMPD were unsuccessful.

PHOTO: Police man a roadblock on Las Vegas Blvd. near Mandalay Bay, Oct. 2, 2017 in Las Vegas. Tom Tingle/The Arizona Republic via USA Today Network
Police man a roadblock on Las Vegas Blvd. near Mandalay Bay, Oct. 2, 2017 in Las Vegas.

No exits

The lawsuit accuses Live Nation, which was the main promoter of the three-day country music concert, and other unnamed promoters of making Las Vegas Village unsafe.

The lawsuit claims that Live Nation "breached their duty" by "failing to design, build and mark adequate exits in case of emergency." The lawsuit also accuses the concert promoters of "failing to properly train and supervise employees in an appropriate plan of action in case of emergency."

The company refused to comment about pending litigation.

News - Vegas shooting survivor sues hotel, festival organizer, bump stock maker, Paddock estate

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  • Viki Bernthold

    It was nice while it lasted--all the good stories from this tragedy. Now we go back to our messed up American lives--we sue people for profit.

  • CVWII

    I don't see how any of this would have dove any good. To make sure an concert was safe, they would have to search everyone, hold the concert in the middle of nowhere, and have every spot within rifle range covere

  • Roo H

    The average response time for law enforcement to a 911 call is 13 minutes. The hotel is not at fault, the festival, is not at fault. Cripes I hate liars. Woops, I meant lawyers, must have been the "auto-correct"

  • Roo H

    There goes any sympathy for this idiot. "This is not about money" Okay, then sue for "information" and leave the money out of it. Oh wait, it IS about money.

  • Jim

    Was only a matter of time. While this tragic event happened, I knew it would only be days before the dollar signs showed their asd. You can't monitor what PPL bring into the hotel. And I have left a do not disturb sign for a week straight when I don't want housekeeping in my room.

  • Jim

    Looking for a payday. Damn kids these days looking for the easy buck. Shame on you

  • Vicki Gibson

    If I were this young lady's parents I'd be on my knees thanking God for her survival instead of sitting in front of an attorney's desk planning to sue! And make no mistake, its the parents, not the young lady who thought this up. And before long it'll be a class action suit and the only benefit will be to the attorneys

  • Benny

    wow !! sued hahha well i can tell you this ,,HAHAHAHAHA ur gonna sued what ?? NOT the casino fault nor the concert that host the show ,, theres NO control over a lunatic or psycho or mental person !! you should sued urself for even to think of sueing casinos or the concert !! Theres alot of insane ,,Stupidity in this world DONT BE ONE OF THEM TRYING TO LOOK FOR A FREE LOTTO !! HAHAHAHA

  • White Lightning

    I can see the victims suing Paddocks estate but the rest is pure comedy on her part and she just looks like a greedy little girl

  • Steven Browning

    Does anyone

    sue Ford Motor Company when a drunk driver, driving a Ford vehicle kills someone?

  • Edjhjr

    Happy the person is alive. Her soul has a price and she and her lawyers named it.

    So it is.

  • Sara Tonin

    People (even those who were uninjured) tried to sue the Century 16 after the James Holmes incident. The judge threw their cases out which is what will most likely happen here. Personal injury lawyers have one rule: Start the lawsuits by going for the deepest pockets first. It doesn't matter how remotely they had liability for the situation.

  • Lisa Hancock

    Hell, why stop there? Why not sue the good Samaritan that helped you. Karma always settles the score so Im sure she will get hers if she is doing the wrong thing.

  • Robert Richardson

    Likely someone who got approached by a lawyer looking for a quick buck. Odds are that the victim doesn't really know enough yet to effectively file a lawsuit, but a greedy lawyer with a silver tongue probably convinced her that now was the right time and that they'd punish those who were responsible.

  • Chitowngal08

    After this maybe these hotels should put in metal detectors.

  • Chitowngal08

    So it begins. I don't know why they just don't file a class action suit.

  • AL B

    Here we go! It is not about justice at that point. It is about money. Lawyers sue who ever they think they can get money out of. It will be an out of court settlement and justice will not be served .
    This kind of thing is why lawyers SUCK . They are money hungry bottom suckers who do not care who they hurt just as long as they get that big paycheck.
    Like to see an honest lawyer ? You will have to look at picture of them in our history books.
    That is why if a lawyer is running for a public office i do not vote for them. They are liars from the get go and I cannot stand a liar.!!

  • B.D.

    THe lawsuit is to "...get "action and answers." Oh, okay, then file something waiving any claim for money or damages. Pretty simple. This lawsuit has no place past the Paddock Estate. He did it, not everyone else and their dog. Some people treat tragedy like a lottery ticket.

  • Dave McConnell

    Oh yes indeed, it had to be negligence because the concert organizers, the hotel, and the manufacturer of the bump fire stocks failed to consult a gypsy to foretell the future. That a madman would engage in a mass shooting.

  • Steven T

    Yeah, she looks about the type who would. Oh yeah, she looks like she is in lots of pain. Sickening, instead of being grateful to have made it out alive when so many others didn't your doing this. Just wow.

  • Booderness

    I blame the shooter

  • Betty Monfette

    Yes, yes, jump on that money-train. She'll be able to retire and live high on the hog by 25. Worst lawyer-to-client ratio in the WORLD and all the sue-happy people just prove it.

  • rkt9

    Did anyone listen to the few videos of the incident, sounds very much like at least one other shooter? Something is fishy about this whole thing.

    Why were the lights turned on as the shooting started?

    Why is there no Jesus Campos registered as a security personnel with the state of Nevada?

  • Baron's Page

    We now sadly live in a society where someone always is pointing a finger and there needs to be something to blame... Its not the hotels fault, not the concerts fault and not the police fault. Its the maniac that shot up a crowd's fault. Why... well let me enlighten you... he was CRAZY. Its not from sad back story he might have had, music, tv, movies or just not getting enough hugs... He was CRAZY sometimes there is no reason.

    Sadly again in society someone always wants a quick $$$ out something. Yes tragic that she was there for that but EVEN MORE tragic are the people the died there and for the families that have lost their love ones. Think clearly before you say the Hotel is liable and while that thought crosses through your mind count just how many times ANY hotel has ever gone through your bags upon check in OR as you transit the Hotel during your stay. I will yet again help... NEVER... because you would be on this type of forum dropping 2 cents on how you were violated in someway. Welcome to the world we live in now...

  • Rick Buscemi

    Unfortunately this lawsuit does have some merit but only concerning the Hotel. It will come out , most likely, that they failed to immediately call police. As to the promoter......I guess if the could have predicted this shooting the concert would have had more ways to escape. But that's the point no one thought these people needed to escape! The gun stock issue.....apparently to own one is legal so how are they held libel? No one needs a statement as to sanity to purchase it. Many people have said it....lawsuit filed......should have waited , but the money some attorneys tell one they'll get clouds a thought process.

  • jo

    What? They aren't suing the automobile company who drove him to the hotel?

  • disqus_PLo7cLiqVJ

    I think they left out some people to sue.How about the camera makers,the window manufacturers for making windows that can be broken out,the elevator company for not detecting weapons, Las Vegas for allowing the venue to be across from a high hotel,the people who trampled her and the list goes on and on.

  • Dan Bowers

    As soon as I read about it, I wondered how soon the 1st money grubber would strike. ....... 6 minutes in a hotel with over 32 floors. This weekend I stayed in a hotel in Texas with about 12 floors. With about 4 other families and maybe 9 total people and carts, luggage AND stopping 3 times before we reached the top we easily took 6 minutes just getting to our floor. So all this chitter chatter about NOBODY responding in 6 minutes MADE a major difference is total BS. Look at the timeline someone else brought out ..................... "But is 6 minutes really enough time to have prevented this? I highly
    doubt it. The guy gets shot, calls the hotel security. There's at
    least a minute. If hotel security called 911 immediately, then the 911
    operator would have taken the information, using at least another
    minute. 911 operator dispatches information to the nearest
    police/sheriff office. Responders begin to head that way. Keep in
    mind, it's a good size city, with traffic. Even if responders get to
    the scene in two minutes (doubtful), four minutes are gone. The
    police/deputies/swat/whatever must quickly access the situation before
    just opening fire toward a high rise building. They can't take the risk
    of stray bullets entering other rooms, so they would have to enter the
    hotel and get to the 32nd floor. Too late, he's already shot numerous
    people, and then takes his own life. Same outcome, except the police
    and emergency responders are there when it's over, instead of arriving a
    few minutes afterward"

  • seemykids99 .

    And with that, I kinda wish it was 59 now.

  • maryo

    Suing the bump stock maker? Do you suppose she will also sue Obama, who quietly okayed bump stock manufacture and sell, while screeching at every opportunity for gun control?

  • tacos4all

    I guess her "attorneys" have never heard of the PLCAA and how this crap was tried by the Brady bunch in the past with Lucky Gunner, and FAILED.
    ....but that's none of my business;)

  • Tiger the GOAT

    What a GREEDY beayatch...she should have stopped the bullet with her greedy brain.

  • darwin

    Money grab for anything. Ok so bump stock makers also, so thats means Ford, Chevy etc. can be sued when someone rams a crowd right ? To funny..

  • Lori Edwards

    Although I understand where they are coming from, it really is not fair to blame anyone but the gunman. No one can predict the actions of another, the resorts and promoters had no idea this would happen. To bankrupt a company in an effort to recoup a loss that can never be recovered is not right...

  • Jon

    Just another greedy person looking for a free handout so they wont have to work ever again. She is a prime example of the entitlement her generation has. Why not sue the vegas police for not finding him fast enough? Why not sue the city for having hotels? Why not sue the glass company for making windows that break? Why not sue car companies for having the room to carry the weapons? Why isnt she suing the people who trompled on her? Give me a break.
    Paddock did this and nobody else. The hotel didnt pull the trigger, the bump stock manufacturers didnt pull the trigger, the event organizers and staff didnt pull the trigger.....just paddock. Im so sick of people suing for whatever pathetic reason they can find in order to make an eaay buck and not have to work. Look at the big smile on her face. She looks so upseet and distraught doesnt she??? All she sees is $ signs

  • george

    Glad she is ok but the only one who should be sued is the shooter and his estate. Everyone else is just as much a victim as her.

  • Duane Locsin

    For all those dismissing this as "frivolous" and akin to suing car manufactures guess what.

    Car manufacturers have been sued before - for lack or shoddy of safety emplacement, not informing consumers and even mis marketing.

    McDonald's was sued for having their coffee too hot!

    What country do you think you live in?

    It is very telling many who are outraged all of a sudden are legal experts about lawsuits they are so confident will be dismissed.....

    sounds like they are more scared of that then the next inevitable mass shooting.

  • Duane Locsin

    Litigation and lawsuits is as American as mass shootings!
    Sue the NRA and weapons manufacturers!

    No one is going to cry over it (other then paid actors and shills)

  • Hammer299

    Suing firearm and firearm accessory manufactures for the illegal use of the legal products is itself against the law. They have blanket immunity and can NEVER be sued in court because someone chose to use one of their products illegally. It's like trying to sue a car manufacture over the actions of a drunk driver. The law on this needs to be strengthened to result in lengthy prison sentences for ANYONE who brings these types of illegal lawsuits.

  • Eaton Peters

    Only one person responsible for this and he's dead. By all means go after his estate, every penny of it. As far as anyone else, no way. For those blaming the hotel, your first mistake is you are getting all your information from the media, which is 90% wrong. How in the world is the hotel supposed to know what he brings in his luggage or how many trips he makes in and out. Do you idiots really want Hotel's to start searching your luggage? TSA is useless so imagine how bad the people would be that hotels would hire. There has been no official timeline established and even if the 6 minutes holds up it really is a pretty realistic time frame for a big city. Bottom line is there are a bunch of ambulance chasing bottom feeders out there looking for a fast buck and they will be knocking the doors down of all the victims and their families looking to sue anyone and everyone they can. We are a sue happy country, which is why our healthcare, car insurance and many other things costs so much more than they should.

  • Smackk

    Frivolous lawsuit. She should have to pay court and lawyer fees when it get's dismissed.

  • Runcy12

    Well it was inevitable, someone was gonna sue, but I don't see how MGM and/or Live Nation are liable for the actions of a wacko. I don't think any sane person would conceive someone on the 32nd floor of a arguably upscale hotel, breaking out 2 windows with a hammer and open firing on a crowd! As far a necessary exits for emergencies, I would suspect that Las Vegas has "requirements" for all festivals both indoor and out, that must be inspected prior to an event opening to the public. The only lawsuits I see holding up are against the Paddock estate and Slidefire.

  • TC

    and the payoffs start

  • Bud

    If she succeeds in suing the manufacturer then those of us who have losses due to someone's misuse of their product can sue the automakers for all their worth. I'm gonna start looking for a lawyer.

  • Dominic Manoli

    That's right lets sue everyone else for a lunatics actions. Remember it takes a HUMAN to pull the trigger. Money and plublicity grabbers

  • Dr. X

    Sue yourself for being DUMB as to go into a crowd 20,000+ strangers....