The Texas Supreme Court will determine if families of victims from the 2023 mass shooting at Allen Premium Outlets may pursue a negligence lawsuit against the center’s owner. The case centers on whether Simon Property Group owed a legal duty to protect shoppers from criminal acts on its premises.
Attorneys for the property owners argue that Texas law does not require landlords to guard against third-party violence, particularly mass shootings. Monica Latin, representing Simon Property, told justices that imposing such a duty could demand visible security at every access point, creating significant societal costs. She asked the court to weigh these burdens against the plaintiffs' claims.
In response, Justice Debra Lehrmann questioned whether mass shootings should be treated differently than other crimes under existing standards. She noted the unique nature of the threat and suggested that safety measures like metal detectors might not be as unreasonable as the defense argues when compared to the loss of life.
The justice highlighted the emotional weight of families sending children to school, contrasting it with the potential security requirements.
The lawsuit names Simon Property Group, Allied Universal Security Services, and Budget Suites of America. Plaintiffs allege the mall lacked adequate safety protocols despite prior incidents. Byron Henry, an attorney for the victims, stated that Simon was aware of risks at open-air malls due to previous shootings at other properties.
He noted that police responded to over 3,000 calls at the Allen location in the three years before the attack, yet only one unarmed guard was present.
