August 3, 2023 – RLF achieved another victory for one of its firearm industry clients in a recently filed lawsuit pursuant to Section 128.053 of the Texas Civil Practice and Remedies Code. RLF represented a shooting range located near Dallas, Texas. The Plaintiff claimed that he sustained significant hearing loss at the shooting range because he was sold insufficient hearing protection. Section 128.053 requires that all Texas plaintiffs who allege negligence claims against a shooting range file one or more expert reports outlining how the range deviated from industry standards within 90 days from the date the lawsuit was filed. If the plaintiff fails to serve sufficient expert reports within 90 days, the court must dismiss the case with prejudice and award the defendant attorney’s fees. When the Plaintiff failed to comply with Section 128.053, however, RLF quickly moved to dismiss the case. After a hearing, the court explained that it agreed with RLF and dismissed the case with prejudice. Moreover, the court awarded RLF’s client the attorney’s fees and costs for having to defend against the Plaintiff’s short-lived case.
The court’s decision further establishes the strength of Section 128.053 of the Texas Civil Practice and Remedies Code in protecting shooting ranges from frivolous lawsuits and creates additional precedent for the defense of other matters similar to this one.
Renzulli Law Firm, LLP vigorously defends its firearm industry clients nationwide—with excellent results. If you have any questions concerning firearms related litigation, please contact John F. Renzulli or Christopher Renzulli.