H-E-B, LP v. Peterson: Texas Supreme Court Tightens Constructive-Notice Proof in Slip-and-Fall Claims
The Supreme Court of Texas reversed an intermediate appellate ruling and reinstated summary judgment for H-E-B, LP in a customer's slip-and-fall suit, holding that evidence of unrelated maintenance issues elsewhere in a store cannot establish constructive notice of the specific hazard that caused an injury. The plaintiff, who slipped on an unidentified liquid in a toy aisle, had relied on evidence of prior roof leaks elsewhere in the store rather than any evidence tied to the puddle itself.
Why it matters
The ruling sharpens Texas's already demanding constructive-notice standard for premises-liability claims, giving retail, hospitality, and other commercial property owners a stronger, citable basis to defeat transient-hazard slip-and-fall claims at summary judgment rather than at trial. It forecloses a common plaintiff workaround -- substituting a property's general maintenance history for proof specific to the hazard at issue -- across any Texas commercial property open to the public.
Case timeline · 1 entry Latest: April 10, 2026 — Texas Supreme Court reverses the Thirteenth Court of Appeals and reinstates summary judgment for H-E-B, LP
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