August 3, 2019.
That was when a Walmart outlet in El Paso became the latest venue for a mass shooting spree in the United States. Now a district court in Texas will become the venue for a legal confrontation, as victims have filed a lawsuit against Walmart that may determine whether armed security becomes a fixture in more retail stores across the country.
Guillermo and Jessica Garcia were each victims of the shooting as they shopped with their children on that fateful day. The children escaped unharmed, but the parents both had to be hospitalized. Guillermo took a bullet to the spine and has already undergone multiple surgeries.
The lawsuit alleges that Walmart displayed “gross negligence” in not having armed security personnel on hand. “They could have prevented it,” said Jessica’s father, Don Coca. “There are a lot of things that could have been differently.” The family’s attorney has added that the lack of a visible security presence made this particular Walmart outlet an inviting target for the shooter.
Several factors make this case more than just another premises liability lawsuit. The national focus that has been on El Paso and other towns victimized by mass shooters recently is just one. A verdict against Walmart would almost certainly lead to all retailers seeking to reduce their liability exposure by hiring trained security personnel. Which in turn may lead to higher prices, a much more tense shopping environment and a national debate on how much security is too much.
Another interesting component of the lawsuit is that it does not specify if the Garcia family is seeking monetary damages. If not, the path to an out-of-court settlement is more limited and a court battle much more likely. El Paso may not have seen the last of national headlines regarding these tragic events.