Mandalay Bay Vegas jumps the shark!

I think that in either jurisdiction, it would come down to whether or not a court believed that the hotel or the concert promoter were, in fact, remiss in their duty to prevent this.  It's worth noting that while a criminal case typically ends with either conviction or acquittal, a tort case could end with, say, the hotel being found 10% responsible, with damage awards prorated accordingly.

Please don't quote me on this, because I don't know this for sure, but I seem to recall reading that sometimes, when people who suffer catastrophic injuries sue someone who doesn't intuitively seem responsible (e.g. someone who rides a BMX bike off their roof, breaking their neck and suing the bicycle manufacturer) it's motivated by an insurance company who won't pay until all other avenues of redress have been tried.  Again, though, I could be wrong.

But it's the first thing I think of when someone sues someone else for what seems much more like plain bad luck, or being in the wrong place at the wrong time, or taking chances.