On April 10th, 2026, the Texas Supreme Court ruled against a shopper named Marissa Peterson, who slipped on a puddle in the toy aisle of an H-E-B store beneath a ceiling that had been leaking for over a year.
Two hours earlier, it had rained, and not a single employee had walked that aisle in the two hours.
She lost.
If you’re currently suffering from a slip and fall injury that happened within a grocery store, that case, H-E-B, LP v. Peterson1—now shapes how your claim gets evaluated. How?
Texas law requires proof of duration, not just proof of a hazard. It’s the third time in the last two years that the Texas Supreme Court has reinforced this same rule, after similar rulings against Brookshire Brothers and Albertsons.
For someone hurt at a grocery store, what the court says about evidence matters more than broad statistics about falls.
Can You Sue a Grocery Store for Injury Under Current Texas Law?
Yes, but you have to prove four specific things: the store knew or should have known about the hazard, the hazard was unreasonably dangerous, the store failed to fix or warn about it, and that failure caused your injury. Almost every case turns on the first element — knowledge — and Texas courts now split it into two lanes.
Actual knowledge means an employee saw the spill, caused it, or was told about it. Constructive knowledge means the hazard sat there long enough that the store should have found it, and Peterson confirmed that circumstantial clues about how a spill formed don’t prove how long it was on the floor.
What still wins cases: surveillance footage showing the hazard sitting for minutes or hours, an employee walking past it shortly before the fall, gaps in a store’s sweep logs, or a witness who saw it earlier that day.
What to Do If You, or a Customer, Is Seriously Injured in a Grocery Store?
1. Report it Immediately.
Tell a manager before you leave the store. If you or a customer is seriously injured in a grocery store and walks out without reporting the fall, there’s no internal record tying the hazard to the injury. Stores and insurance will immediately use that gap against you.
2. Make the Footage Request As Soon as Possible
Most stores overwrite surveillance video within 30 days, sometimes within a week. Under Peterson, video showing how long a hazard existed is often the single piece of evidence that decides a case.
3. Photograph the Scene and Get Witness Contact Information
Sweep logs go missing, witnesses scatter, and memories fade, often faster than most people expect.
Why You Need an Experienced Grocery Store Accident & Injury Lawyer Now, Not Later
A slip and fall injury lawyer can send preservation letters demanding video and sweep logs before a store’s routine deletion schedule erases them, something that has to happen fast, not after weeks of deciding whether to file a claim.
Given how narrowly Texas courts are now interpreting constructive knowledge, the difference between a case that survives and one that gets dismissed often comes down to what got preserved in the first 30 days. You also have a hard deadline: Texas gives you two years from the date of injury to file, but the evidence clock runs out much sooner than that.
Patrick O’Hara has handled premises liability claims for clients hurt by unsafe conditions in stores, and other personal injury attorneys regularly refer these cases to our firm. If you’ve suffered a slip and fall injury at a Texas grocery store, contact the O’Hara Law Firm for a free consultation — we’ll tell you honestly whether your case has a path forward under current law.
Frequently Asked Questions
What kinds of grocery store hazards most often lead to slip and fall injury claims?
Many claims come from liquids on the floor, but we also see injuries caused by loose floor mats, uneven tile, empty pallets left on the floor, broken concrete at store entrances, and poorly marked changes in elevation between aisles or departments. These conditions may not look dangerous at first glance, but they can cause serious falls when a customer has no warning.
Does it matter if I was looking at my phone when I slipped and fell?
Stores often argue that a customer was distracted and therefore at fault, but that does not automatically defeat a claim. The key question is whether the store allowed an unreasonably dangerous condition to exist without proper warning. We review all of the facts before giving an opinion about how distraction may affect your case.
What if I didn’t feel hurt right away and only noticed pain later that day?
It is common for people to feel soreness, stiffness, or sharper pain hours after a fall instead of immediately. You should still seek medical attention and explain that the pain started after a fall in a grocery store. Medical records linking your symptoms to the incident can be important evidence, even if the pain did not start at the store.
Can I still bring a claim if the store says there is no video of my fall?
A case is not automatically over because the store claims there is no video. Other evidence, such as witness statements, photographs, incident reports, and maintenance records, can still support a claim. An attorney can also ask when the store’s cameras were recording and how long recordings are kept.
Do I have to talk to the grocery store’s insurance adjuster before I hire a lawyer?
No. You have no obligation to give a statement to the store’s insurance before speaking with an attorney. Adjusters work for the company, not for you, and their questions may be designed to reduce what the company has to pay. We recommend talking with a lawyer first so you understand your rights before you speak to an adjuster.
Sources:
1. H-E-B, L.P. v. PETERSON https://law.justia.com/cases/texas/supreme-court/2026/24-0310.html