A horrifying act of violence at a McDonald’s in northwest Harris County has raised serious questions about whether the fast food chain took appropriate measures to protect its customers. On Sunday, March 16, 2025, 61-year-old Jorge Arbaiza was fatally shot while ordering food for his grandchildren during a gang-related shooting inside the restaurant.
The shooting unfolded at approximately 5:30 p.m. at the McDonald’s on North Fry Road near West Little York. Two groups of young individuals became engaged in a physical altercation inside the restaurant. Witnesses reported that shots were fired during the fight—striking Jorge Arbaiza, a grandfather who was at the counter to purchase Happy Meals for his grandkids.
Authorities say Arbaiza was shot multiple times. He collapsed inside the restaurant and later died from his injuries. The restaurant was reportedly crowded at the time, with multiple families and children present.
McDonald’s Duty to Protect Customers
Incidents like this bring into focus the responsibilities of businesses—particularly high-traffic establishments like fast food chains—to maintain a reasonably safe environment. McDonald’s has a duty under Texas premises liability law to protect patrons from foreseeable dangers, including criminal activity.
When a business is located in an area with a known history of crime, or if it has experienced previous disturbances, it may be required to implement specific safety measures. These can include:
- Hiring security personnel
- Installing surveillance systems
- Training staff on emergency protocols
- Promptly addressing loitering or disruptive behavior
If McDonald’s management failed to implement adequate safety precautions despite prior incidents at or near the location, the company could be held partially liable for failing to prevent foreseeable criminal conduct.
Pursuing Justice Through Civil Claims
Jorge Arbaiza’s family is left grieving an unimaginable loss. While the criminal investigation continues—civil justice may also be appropriate. Through a premises liability claim, families can seek accountability from property owners who failed in their duty to protect the public.
If it is determined that McDonald’s provided negligent security, a wrongful death claim may allow Arbaiza’s family to pursue compensation for their loss and shine a light on the need for improved safety at similar establishments.
Speak With a Premises Liability Attorney
If someone you love has been injured or killed in a violent incident on commercial property, you may have a claim under Texas premises liability law. These cases are complex and require prompt investigation into the history of criminal activity at the location and the security measures in place.
The attorneys at Spagnoletti Law Firm have experience holding businesses accountable for preventable harm. If you need legal guidance, call us today at 713-804-9306 to schedule a free consultation.