Home Depot v. Santander

Supreme Court of Texas

Case: Santander v. Home Depot U.S.A., et al. 

Court: Supreme Court of Texas 

Date: October 13, 2023 

Issue on Appeal: Whether the intermediate appellate court correctly applied governmental immunity to an off-duty officer acting in an asset protection capacity at a retailer and whether the court correctly applied the standard of care in premises liability and negligence actions.  

RLC’s Position: The Texas Court of Appeals established a new, heightened duty of care for Texas retailers in contravention of established law and in a manner that is unworkable in practice. The Texas Court of Appeals also improperly applied governmental immunity to an off-duty officer, resulting in a waiver of the immunity that violates principles of separation of powers. 

Other Amici: The Texas Retailers Association joined the brief led by the Retail Litigation Center. 

Counsel: Randall Miller and Isabelle Hutchinson of Munsch Hardt.


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