Holding H-E-B Liable for Your Accident
Property owners in Texas owe a duty to individuals on their premises to create and maintain a safe environment. This duty means H-E-B stores must legally keep their premises safe for customers and staff. The respondeat superior law means employers can be liable when an employee is negligent at work. For example, if you’re hurt in an H-E-B accident because a store manager fails to fix uneven flooring or a stock clerk creates a trip hazard by leaving pallets strewn about in aisles, you can pursue a claim against the supermarket chain to recover compensation in a Texas premises liability personal injury claim.
H-E-B is no stranger to lawsuits.
Thousands of suits have been filed against the supermarket titan and its portfolio of companies (including H-E-B Plus!, Mi Tienda, and Joe V’s Smart Shop) — and many more claims are brought and settled out of court.
6-Figure Settlement for H-E-B Slip and Fall Accident
In 1997, a jury awarded $150,000 in damages for a slip and fall accident at a San Benito H-E-B in 1993. The plaintiff, Maria Resendez, suffered a knee injury and needed surgery after slipping on loose grapes on the floor. Multiple family members testified about how the injury impacted Maria’s life, preventing her from cooking, standing up too long, and being active. Resendez successfully argued that the store failed to keep the floor clean and free from hazards.
Comparative Negligence Allowed Partly-Liable Victim to Recover Compensation
In a 1996 judgment, Vinnie Bilotto recovered compensation for an elbow injury sustained after slipping on spilled root beer while shopping at H-E-B. As a former professional wrestler accustomed to falling in the ring, he didn’t think he was hurt at the time and only reported the accident when encouraged by another customer who saw him fall. Four hours later, he visited the emergency room for treatment and was released, but he later found that persistent pain prevented him from wrestling again.
After a week-long trial, jurors determined Bilotti was entitled to the following damages:
- $97,000 for medical expenses ($17,000 for past medical expenses; $80,000 for future medical expenses)
- $50,000 for loss of past earning capacity
- $35,000 for loss of future earning capacity.
However, the jury found Bilotti 50% at fault. Under Texas’s modified comparative negligence law, Bilotti recovered the remaining 50% — a total of $91,000 — plus $40,346.73 prejudgment interest (the interest Bilotti would have accrued from when he was entitled to receive the payment).
Failed Claim Shows the Challenges of Premises Liability Claims
In 2016, Linda and Manuel Castro sued H-E-B after Linda slipped and fell on a lettuce leaf at an Austin branch. The complaint alleged that Castro sustained “extensive injuries to body and mind” that continue to cause substantial pain and suffering, including loss of intimacy and consortium with her husband. H-E-B denied the allegation that employees knew or should have known of the danger. The court agreed and dismissed the case, triggering a series of motions and appeals. The Court of Appeals upheld the judgment, demonstrating the importance of evidence of negligence in pursuing a claim.
Private Settlement Shows Value of Mediation
In 2021, Elicia Farrar filed a lawsuit after slipping at a Houston H-E-B. An employee at the store had been spraying water on an area of the produce section, causing the floor to become wet. Farrar sustained painful injuries, physical impairment, and mental anguish. The original complaint sought over $200,000 but no more than $1,000,000. Three months later, the case was closed, with Farrar and H-E-B agreeing to a settlement in mediation.
Premises liability claims can be challenging, but you might be entitled to significant compensation if you’ve suffered an accident, and our Texas H-E-B accident attorney will fight your corner to recover what you’re owed.
