Texas Mall Owner Seeks Dismissal in 2023 Mass Shooting Lawsuit
Simon Property Group appealed to the Texas Supreme Court to dismiss negligence claims in the 2023 Allen mall shooting case.
Why it matters: The ruling could redefine premises liability standards and security obligations for mall operators, influencing risk management and legal accountability across commercial real estate nationally.
- May 6, 2023, mass shooting at Allen Premium Outlets killed nine and injured seven.
- Simon Property Group, owner of the mall, faces negligence claims for alleged inadequate security.
- Trial and appellate courts denied dismissal; Simon appealed to the Texas Supreme Court.
- On Sept. 16, 2026, Texas Supreme Court heard arguments; Justice Lehrmann indicated openness to revising liability standards.
On May 6, 2023, a mass shooting at the Allen Premium Outlets in Allen, Texas, resulted in nine deaths, including the shooter, and seven injuries. The mall is owned by Simon Property Group, the largest mall operator in the United States.
Victims and their families filed negligence and premises liability lawsuits against Simon Property Group, alleging the company failed to provide adequate security despite credible threats and the high-risk environment. Simon responded by filing a motion to dismiss under Rule 91a of the Texas Rules of Civil Procedure, arguing it owed no legal duty to protect against unforeseeable criminal acts on its property.
Both the trial court and the Fifth District Court of Appeals rejected Simon's motion to dismiss. Simon then filed a petition for writ of mandamus asking the Texas Supreme Court to intervene and dismiss the negligence claims.
During oral arguments on September 16, 2026, Justice Debra Lehrmann signaled a potential shift in the court's approach. According to the Texas Tribune's coverage, she stated, "I just don't think we can ignore and pretend this issue is like other issues that have been dealt with when it comes to premises liability." This indicates the court may reconsider the extent of property owners' liability for security in mass shooting scenarios.
The decision will be closely watched for its implications. It could expand the duties of mall operators and commercial property owners nationally to prevent foreseeable violent acts, impacting how legal teams assess risk and liability in premises security.
By the numbers:
- 9 fatalities — result of the May 6, 2023 Allen Premium Outlets shooting
- 7 injuries — sustained in the same incident
- September 16, 2026 — date Texas Supreme Court heard oral arguments