TexasCHLforum.com

HB516 is designed to alleviate any fears a property owner may have about allowing a Licensee to carry a handgun on their property. As one member pointed out, LTCs aren't going to come into a business and "shoot up the place." Such intentional conduct is not what worries a business owner. It's the accidental discharge that is of concern. Granted, that concern is essentially groundless, but HB516 removes this concern whether it is real or perceived.

HB516 absolutely does not create liability if a business does prohibit carrying of handguns and a patron is injured or killed by the unlawful act of another person. While this Bill does not create such liability, it is possible liability would exist in very limited circumstances that are highly unlikely to occur. The general rule is that a person is not liable for the unlawful acts of a third person over whom they have no control. There are cases where a business owner has been found liable, but these are almost always when the business 1) is in a high crime area; 2) violent crimes have occurred in or very close to the business; and 3) the owner did not take reasonable steps to protect their customers.

Even in these very limited situations, it would be hard to meet the "but for" causation element required to prevail against the business. You would have to be able to show that "but for" being unarmed, you would have been able to defend yourself and prevent injury. That's easy to say but not easy to prove.

Chas.