H-E-B parking lot falls in Texas: control, notice, and proof

A pothole in an H-E-B parking lot can support a Texas injury claim. The grocery sign out front can't tell you who controlled that aisle or that stretch of sidewalk [S9]. The store operator, a landlord, a property manager, or a contractor may have had it. Control comes first, and what that party knew comes second.

To have a lawyer look at the lot and the route you took, tell us about your H-E-B injury or call (214) 200-4878. Bring the store address, incident date, injury details, photos, and witness names.

Once you know who controlled the spot, Keetch v. Kroger Co. (Tex. 1992) sets four elements against that party [S9]:

1. It knew, or should have known, about the hole, the anchor, or the spill.
2. The hole, anchor, or spill was an unreasonable risk of harm to people walking in.
3. It didn't fix it, and didn't cut the risk with a cone, a patch, or a cleanup either.
4. That failure caused your fall and your injuries.

What should you photograph before the patch crew shows up?

Suppose it's 7:40 p.m. at dusk, in a light rain, and you're pushing an empty cart north across the drive aisle in row F, headed for the main entrance, and your foot drops into a pothole three spaces from the cart corral.

Before anyone fills that hole, get:

• A photo of the pothole with your car or the row F sign in the frame.
• A close photo with a coin or a ruler beside it for scale.
• A wide shot from the direction you were walking.
• The light pole with the row sign, and the yellow curb at the fire lane.
• The names and numbers of anyone who saw you go down.
• The shoes you had on, kept as they are.

Write the row, the space, your direction, the entrance you were heading for, and the light that evening on the same page.

Which photo actually proves it?

A picture of a worn-out lot doesn't show which defect caught your foot. Compare the two kinds of proof:

A store camera far across the lot may catch your route and miss the small point of contact. A companion who was beside you can say where you first lost your balance. Your original photo files carry the date and time. If none of that shows the exact spot, don't assume the closest crack did it. And if a photo can't show how long a spill was there, it can't answer that question.

Store, landlord, or contractor?

Who fixes the potholes in front of your H-E-B? Often the lease answers that, and sometimes the people with shovels answer it differently.

A landlord isn't liable for everything a tenant does, and the store isn't off the hook just because someone else owns the land. Suppose the lease gives upkeep to the owner, yet H-E-B workers have patched holes by the doors for a year. That habit may show control no matter what the lease says.

What about the crew that patched the hole last spring? Back in 1962, Strakos v. Gehring ended the rule that let a contractor walk away once the owner accepted its work [S25]. The crew can be sued. You'd still prove it was negligent and that its patch caused your fall. Its work order shows the job, the dates, the spot, and any warning it posted; a name on a vendor list shows nothing.

Was it an old crack or a fresh spill?

A slab that's been sunken since summer leaves a trail. Look for earlier complaints, work orders, repair history, and photos from different dates. A sunken drain or a raised edge is the same.

Fresh oil by the cart corral is harder. Take Wal-Mart Stores, Inc. v. Reece (Tex. 2002) [S8]. The spill was clear liquid, roughly pizza-sized, by a Wal-Mart snack bar. An off-duty employee bought a drink right in front of it and never saw it. No one knew how long it had been there, so the Court reversed and rendered a take-nothing judgment [S8].

Since H-E-B, LP v. Peterson (Tex. 2026), you need evidence tying this danger to this time and place [S6]. Say you fell at 6:30:

• 6:12, another shopper's photo shows the oil
• 6:15, a friend's text mentions it
• 6:20, the cart attendant pushes a train of carts right past it

The lot camera might even catch the moment it first appeared.

A worker nearby, or a complaint about general upkeep, may not be enough [S6, S8].

Was it too dark to see the hole?

Lighting proof comes in a few forms, and each one shows something different:

• Your phone photo in night mode, which may show a brighter lot than you saw.
• A photo's time stamp, for whether it was 7:40 or 9:15.
• An expert's measurements, for light levels, contrast and the sight line on your route.
• Records of a dead pole, for when it went out and who knew.

A dead pole is like any other hazard: somebody had to know it was out. Codes and accessibility rules count only if they cover that lot and connect to how you got hurt.

What will H-E-B say you did wrong?

Were you on your phone? Did you cut across the drive aisle? Your lawyer needs that on day one, because H-E-B's lawyers will ask:

Fault then becomes a percentage under Chapter 33 [S16]. Say the jury finds $50,000 in damages and puts 30 percent on you: a covered claim falls to $35,000. Above 50 percent, a claimant generally recovers nothing [S16]. Settlement credits and the other allocation rules get worked out case by case.

What does the injury claim need, and by when?

Your medical records prove the injury, but causation needs proof of its own. Work-loss records show the shifts and pay you lost.

The general deadline is two years after the claim accrues, with exceptions [S14]. For cars and carts in the lot, read H-E-B curbside, cart, and pedestrian injuries. H-E-B warning signs and shared fault covers warnings and your own conduct, and Texas parking lot injuries covers lot claims at other stores.

Frequently asked questions

Can I claim against H-E-B if a landlord maintains the lot?

Find out who patched and swept that spot. Suppose the lease puts the lot on the landlord, but H-E-B's own crew has been filling the potholes. H-E-B may still answer for that spot.

Is every pothole an unreasonable danger?

Size, location, use, visibility, condition, and how you fell all get weighed. No single rule covers every pothole.

What if I slipped on oil instead?

For a fresh spill, the key is how long it was there. An employee nearby may not be enough [S6, S8].

Who can review a parking lot fall?

Call The Law Firm of Aaron A. Herbert, P.C. with your photos, the row number, and the time you fell. Aaron Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization [S1]. That isn't a guarantee or a ranking.

Tell us about your H-E-B injury

Bring the store address, incident date, injury details, photos, and witness names. Tell us about your H-E-B injury or call (214) 200-4878.

Related pages on H-E-B injuries

• Texas HEB injury knowledge hub: every guide in one place.
• How to file and litigate a Texas HEB injury claim: the claim and lawsuit process.

Sources

1. [S1] State Bar of Texas, Aaron Alan Herbert, Bar No. 24036761. Board certification.
2. [S6] H-E-B, LP v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026).
3. [S8] Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002).
4. [S9] Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992). Premises elements.
5. [S14] Tex. Civ. Prac. & Rem. Code ch. 16.
6. [S16] Tex. Civ. Prac. & Rem. Code ch. 33.
7. [S25] Strakos v. Gehring, 360 S.W.2d 787 (Tex. 1962).