In re Walmart & Wal-Mart Stores, Texas LLC

Court: Supreme Court of Texas

Date: November 22, 2021

Issue on Appeal: Whether retailers can be held liable under premises liability law for injuries resulting from unforeseeable third-party criminal acts, including mass shootings, and whether courts should expand existing standards governing foreseeability and duty.

RLC’s Position: The RLC argues that expanding retailer liability for unpredictable third-party criminal acts—such as mass shootings—would create dangerous and counterproductive consequences. Imposing such liability would force retailers to adopt extreme and impractical security measures, increase costs, and undermine the balance between public safety and individual liberty. The RLC emphasizes that existing legal standards appropriately limit liability to foreseeable risks, and that expanding those standards would not meaningfully prevent crime while imposing significant burdens on businesses and society.

Other Amici: None.

Counsel: Raffi Melkonian, Wright Close & Barger LLP.