Stores in California and nationwide have a legal obligation to maintain reasonably safe spaces for customers and visitors. A married couple that survived a mass shooting at a Walmart on Aug. 3 believes the store failed to provide proper security. The husband and wife have filed a lawsuit against the retailer claiming that the store should have employed armed security guards.
According to their legal complaint, Walmart is liable for damages due to its negligence. The El Paso location where the couple suffered injuries did not have armed security guards; although, other Walmart locations have them. They allege that inadequate security created an environment where the accused shooter could kill 22 people and injure many others.
The lawsuit has requested a restraining order against the retail giant because it has started renovating the store. The plaintiffs want to gather evidence from the location. A statement from the company emphasized that the store location has already allowed authorities to collect all information available. The company representative also said that Walmart considers safety a top priority for its customers.
The male plaintiff remains hospitalized with a gunshot wound to his spine. His wife has been released after being treated for gunshot wounds to her legs.
Property owners might have financial responsibility for attacks conducted by intruders under the concept of premises liability. A victim injured in an accident or attack might want to ask an attorney about rights to compensation. Legal counsel might investigate the facts of the case to see if the property owner failed to take reasonable measures to maintain a safe facility. After documenting evidence, an attorney might file an insurance claim or lawsuit to seek damages for the victim. An attorney’s knowledge of tactics used by insurers or property owners to limit responsibility might overcome barriers to collecting a settlement.