The Duty of a Retailer in Preventing a Mass Shooting

Texas gun laws have been a source of great debate recently, thanks in large part to a mass shooting that took place at an El Paso Walmart store and the shooting spree that spanned the area between Midland and Odessa. One question that has arisen as a result of the Walmart shooting is whether retailers have a duty to protect their customers by providing security. In fact, this issue will soon be heading to court, as a family has filed a lawsuit against the retailer alleging they lacked the appropriate level of security.

Attorneys acting on behalf of Jessica and Guillermo Garcia, two individuals wounded in the Walmart attack, have filed a suit in El Paso County court. The suit names the two adults and their two children as the plaintiffs in the suit and is the first of its type, although more may appear in the future. The shooting killed 22 individuals while injuring another 24. Mr. and Mrs. Garcia thankfully survived the incident, but Guillermo was critically injured.

Jessica Garcia states her husband stood in front of her as the shooting took place. He blocked bullets they may have killed her, and she was forced to spend time in the hospital to recover from these injuries. Although she has been released, her husband remains in the hospital. At this time, he has undergone more than 12 surgeries and he remains in critical condition.

Is the retailer responsible for the actions of the shooter? Does the company have a duty to protect individuals shopping in one of its retail locations from a mass shooting? Could this incident have been foreseen and what steps should Walmart have taken to prevent it? These are only a few of the many questions that may arise from the lawsuit, and there are numerous others. The courts will ultimately decide how far a retailer must go to protect those visiting its establishment.

Anyone who has been injured through no fault of their own should consider speaking to an attorney. More can be learned about this case here. Be sure to follow the lawsuit as it makes it way through the courts. The decision of the court could have a major impact on how Americans shop in the future, so every person should know what is happening and how the case is progressing until it reaches a conclusion.

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