Texas Supreme Court hears dispute over H‑E‑B liability for grocery‑store slip

The Supreme Court of Texas heard argument in H‑E‑B v. Peterson on whether a grocery store can be held liable under a constructive‑notice theory for a customer’s fall on water inside the store.

Petitioners’ counsel, identified in the record as “Mister Jefferson,” said the record lacks evidence “actual or constructive” that H‑E‑B knew about a hazardous condition in the toy aisle and stressed there is no direct link between prior leaks and the aisle where the fall occurred. Respondent counsel, identified as “Mister Sloan,” pointed to incident reports, surveillance video and repair records to argue a jury could infer constructive notice.

Why it matters: The court’s decision could clarify how closely prior leaks must be connected to a specific hazardous spot before a premises owner can be held liable. Justices questioned whether adopting a broad vicinity or radius rule would impose unworkable burdens on large retail stores and whether the case’s facts support a wide legal pronouncement.

The record and disputed facts

Counsel described the store…