Those in New York who have closely followed the El Paso Walmart shooting may be interested to hear that a couple has filed what is believed to be the first lawsuit regarding the incident. The couple claims that Walmart’s lack of security measures was a factor in the August 2019 massacre that left 22 dead.
The husband and wife who are suing Walmart were shopping with their two kids when a gunman opened fire. The man was shot in the spine and is in critical condition. The woman was shot in the legs and treated at a local hospital. She was released a short time later. The couple alleges that Walmart didn’t employ armed security guards and that this put shoppers at risk. The couple also wants to question Walmart regarding a 2016 hostage situation at an Amarillo, Texas, location.
The suit doesn’t say whether the couple is seeking monetary damages for their injuries. It does ask for a restraining order against Walmart. The suit claims that Walmart has begun renovating the store and that this could possibly destroy any remaining evidence. If the restraining order is granted, the renovating would need to cease and any remaining evidence could be gathered that may prove that Walmart is liable for the incident.
Businesses have a legal obligation to ensure that their premises are secure and free from hazards. When they don’t, legal action in the form of a premises liability lawsuit may follow. Depending on the case, a lawyer may be able to show that a business owner acted negligently and is responsible for damages to the injured parties.
