AI-generated illustration of a generic warehouse-club setting; not a photograph of Costco or an actual incident.
How Can You Prove Costco Knew About a Spill in Texas
Short answer: Evidence of knowledge may be a pre-fall report, an employee’s observation or creation of the condition, or reliable proof that the spill was present long enough that a reasonable inspection should have discovered it. A photo after the fall ordinarily proves only that the condition existed then.
Actual knowledge asks who knew what and when. A customer telling a worker about liquid, an employee radio message, a cone set down before the accident, or testimony that a worker created the spill can matter. The message must identify a sufficiently similar location and condition before the injury. A report about water on the opposite side of a large warehouse may not establish notice of the hazard at issue. Obtain the original communication and test its timing.
Constructive knowledge depends on duration and the opportunity to discover. Synchronize video of the aisle and approaches with inspection entries, transactions, witness accounts, and employee movements. Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 816 (Tex. 2002), requires a time component. H-E-B, LP v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026), cautions against treating unrelated prior leaks or a general inspection protocol as proof of a puddle’s duration at the specific site. The surrounding evidence can still be important if it actually links the event to time and place.
An employee walking nearby does not by itself establish that the employee saw a hazard. Ask about distance, sight line, obstruction, lighting, the condition’s visibility, and whether the worker faced the area. The next article explains how long a spill must exist.
Three distinct routes to notice
A report before the fall is the clearest route when a witness can identify the person who received it, the words used, the precise location, and the intervening time. A statement that someone told “the store” about “water by the coolers” is a lead, not yet proof that the recipient was a responsible employee or that the water was at the accident site. Preserve the witness’s first account before later interviews alter the timeline. A contemporaneous radio call, manager message, or cone placement may anchor a report, but its timestamp needs authentication.
An employee’s creation of the condition is a separate inquiry. A worker handling a leaking package immediately before a fall can support knowledge if the same material reached the same floor patch. Prove the sequence; do not treat any stocking activity in the aisle as creation. Constructive notice instead requires evidence of how long the particular hazard was present and whether reasonable care would have discovered it. A last clean inspection sets the earliest possible start of an interval, while the first reliable observation of liquid supplies a minimum duration. These are different facts.
Worked evidence example
Assume a shopper falls at 2:20, native footage reliably depicts the same liquid at 2:02, and a worker crosses that patch at 2:12. Counsel must establish that the mark is liquid rather than reflection, synchronize the cameras, and ask whether the worker’s view was blocked. If footage instead shows only a clean floor at 2:02, it cannot prove an 18-minute-old spill. The defense may identify an intervening customer at 2:19. The complete camera sequence and witness accounts determine which inference is reasonable.
Case-building questions
Identify the spill’s origin, first proved appearance, approach visibility, employee sight lines, earliest report, location of any warning, and response time. Request the relevant source files, camera map, incident communications, inspection records and original photographs for a proportionate window. Ask each witness to distinguish what they saw before the fall from what they learned afterward. At summary judgment, cite a specific source and validated time for each proposed notice route. Reece, Spates and Peterson caution against substituting proximity, policy or general risk for proof linked to this condition.
Investigation and courtroom application
The most important deposition question is often a location question. Ask the reporting customer to show on a warehouse diagram where the liquid was, where the employee stood and which route the employee took. Have the worker identify whether the report was understood as an urgent floor hazard or a general maintenance observation. Then compare the answer with camera position and time. If a worker says “I was not told,” a contemporaneous radio transmission can impeach; if no transmission was customary, its absence alone has limited force. At trial, arrange the proof in event order: report, recipient, condition, time to fall and response. For constructive notice, place the first reliable frame next to the fall frame and state the minimum interval accurately. A claimant’s sincere account of warning staff is valuable only to the extent its recipient and timing can be proved. Avoid calling a later incident report an earlier warning.
For the broader claims framework, see the Texas Costco injury claims and litigation guide and how to litigate a Costco injury case in Texas.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers