Texas retail injury resources
How to Sue Kroger After a Slip, Trip, or Fall in Texas
The Law Firm of Aaron A. Herbert, P.C., Dallas, Texas.
Texas Bar license #24036761. Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2008.
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Short answer
You may have a Texas injury claim after a fall at Kroger, but the fall alone doesn't prove one. The evidence has to show a dangerous condition, that a legally responsible party knew or should have known about it, and that its failure to use reasonable care caused your injuries.
Get medical care first. After that, write down the names and phone numbers of anyone who saw the floor, keep the shoes you wore, and save every photo on your phone. A lawyer can ask Kroger to preserve the video and store records, and the sooner that request goes out, the better the chance the footage still exists. Filling out the store's incident report or emailing with an insurance adjuster won't extend the deadline to file a lawsuit.
You can check Aaron Herbert's credentials yourself. [S1]
Credential | Where it's listed |
|---|---|
Texas law license, issued November 6, 2002 | His official State Bar of Texas profile |
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization | The same State Bar profile, which ties it to the Board |
The Law Firm of Aaron A. Herbert, P.C. can review what happened and tell you whether it can take your case. Credentials help you compare lawyers, but no lawyer can promise a recovery.
The pages linked below follow a claim from the first photo to a jury verdict. They're written for injured shoppers and for the lawyers who handle these cases.
Start with these guides
What the evidence has to show
Texas premises cases brought by shoppers usually turn on four elements. Here's how they could line up in one hypothetical afternoon; none of it describes a real Kroger incident. [S4]
What happened (hypothetical) | Element it speaks to, in plain English |
|---|---|
1:58 p.m. A gallon of milk splits open in front of the dairy cooler and spreads across the tile | Something on the floor made the aisle unreasonably dangerous |
2:05 p.m. A shopper in line tells the cashier, "There's milk all over the floor by the cooler." The cashier nods and keeps scanning | Knowledge. Here the store was told; in other cases the spill sits long enough that the store should have found it |
2:25 p.m. Twenty minutes on, there's still no cone, no mop, and no rope across the aisle | No reasonable care. Nobody cleaned up the milk or warned shoppers about it |
2:26 p.m. Your right foot slides out in the milk, and the ER finds a broken ankle | Causation. The spill the store left in place is what took you down |
Start with what was under your foot
What was under your foot? Where did you start to lose your balance? What did you see with your own eyes, before and after you hit the floor? Answer those three in your own words before anyone else's version gets mixed in. You were entitled to expect a reasonably safe place to shop, but the case itself will be built around one specific condition and the legal duty that went with it.
A photo of a puddle taken after the fall shows what the puddle looked like at that moment. It doesn't show when the liquid appeared, and it doesn't prove the liquid caused the fall.
Lawyers need to sort out one more distinction early. Was the injury caused by a condition of the premises or by an activity happening at that moment? A rack left sticking into the walkway is one investigation. An employee pushing a rack into a shopper is another. Pleading several legal labels can't stand in for identifying the mechanism, so let the facts decide which claims, defendants, and evidence requests make sense.
Everything linked from this page is organized around those questions. When an example appears, it's labeled as a hypothetical. None of them describes an Aaron Herbert client, a Kroger policy, or a Kroger incident that anyone has proved.
What to do first if you were hurt
Are you hurt badly enough that you shouldn't stand up? Then stay put and ask for help. A twisted knee and a blow to the head call for different care, so get whatever fits how you feel. When you're able, ask an employee for the manager and say where you fell and what happened, in plain words.
Photos come next, and only if they're safe to take. A friend or family member can take them for you. Get the whole aisle in the frame, end caps and nearby displays included, and then the spot itself.
Keep this | Here's why |
|---|---|
Original photo and video files (screenshots lose data) | Each file stores the time it was taken, and the earliest shots show the floor before anyone mopped |
The shoes you had on | Put them in a bag as they are, since tread wear and whatever stuck to the soles can come up later |
Your receipt and the card statement that matches it | A purchase stamped 4:52 p.m., for example, helps pin down when you were in that aisle |
The name and cell number of anyone who saw the floor | The shopper who noticed the spill before you fell won't be easy to find a month from now |
Every text, email, and voicemail from the store or an adjuster | Dates and exact wording matter more than your memory of a phone call |
Two things not to do. Don't guess how long the liquid was on the floor, and don't nod along when someone offers an explanation you didn't see. "I don't know" is a perfectly good answer, and often the more useful one. Tonight, write down what happened with today's date at the top. Put a star next to anything you saw yourself, and leave it off things somebody told you.
There's a fuller checklist in what to do in the first 72 hours. If you noticed cameras near the spot, read preserving surveillance and electronic evidence next. No one has verified a standard retention period for Kroger video, so don't count on footage being kept for 30 days, or 10, or any set time. Camera systems differ from store to store. Ask for preservation quickly.
Grocery conditions need a grocery investigation
A slip next to the dairy case and a trip over a curled entrance mat are different cases. Each part of the store comes with its own records. The table lists where to look; it doesn't describe any actual Kroger location.
Where the fall happened | What to look into |
|---|---|
Next to a refrigerated case, with a possible leak | The specific unit, where the puddle sat, whether the case was running normally, and its service history |
In the produce department | How the display was set up, the packaging, any floor protection, and what you saw about the item itself |
At self-checkout | The time of the fall compared with the receipt time, and whether staff saw the condition or got a report about it |
"I slipped near the freezer" is a starting point. Water on the floor near a freezer could have come from several places, and each one leaves different evidence (hypothetical examples):
Possible source | What might show it |
|---|---|
The freezer case itself | A service ticket for that unit, or a drip line running out from under the doors |
A shopper's dropped water bottle | Video of the bottle hitting the floor, or the empty bottle in a trash can nearby |
A mop bucket left after cleaning | The cleaning schedule, or an employee who remembers mopping |
Rain tracked in from the parking lot | That afternoon's weather and wet footprints on the entrance video |
Once someone has cleaned up, a photo of the floor may not tell you which it was. A lawyer will hold your account up against the video, the witnesses, and the store's records. That can turn up proof you didn't know about, point to another company such as a refrigeration contractor, or show that one allegation should be dropped before it weakens an otherwise solid case.
Lawyers will usually be working with one of two grocery theories: an ordinary temporary spill, or a supported claim that the store knew a particular display or piece of equipment was dangerous. The second needs real evidence. The case table near the end of this page shows where Corbin and Anderson-Brown fit, and each should be compared with your own facts before anyone relies on it. [S4] [S15]
Medical bills and liability records answer different questions (hypothetical figures):
What's in the file | What it tends to show |
|---|---|
$40,000 in bills for the ER, an orthopedist, and eight weeks of therapy | The injury was serious, but not whether the store knew about the spill |
A service ticket showing the cooler leaked for three days before the fall | The store may have known about the water, which can get a stalled negotiation moving again |
Settlement value comes from the whole file: who was responsible, what the fall did to your body, which losses the law lets you recover, and whether each piece can be proved.
What must be proved about notice
Picture this afternoon in one store (a hypothetical).
Time | Hypothetical event |
|---|---|
2:05 p.m. | A customer tells the deli counter there's water by the frozen pizza case |
2:07 p.m. | The manager answers the call and says someone is on the way |
2:14 p.m. | A second shopper slips in the same spot |
Those seven minutes between the manager's reply and the fall could be strong evidence that the store knew. First, though, a lawyer has to make sure every entry is about the same spot. A report about aisle 12 does nothing for a fall in aisle 4.
In legal terms, this is the notice question. Texas law lets you prove it two ways: the store actually knew, or the condition was there long enough that the store had a reasonable chance to discover it. Having an employee ten feet away doesn't prove either one on its own. An inspection policy shows what was supposed to happen at that store, and learning when the hazard actually appeared takes more, such as video, an inspection entry, or a witness. [S2]
For a step-by-step method of testing timing evidence, see proving actual and constructive notice. Trips on produce ties, racks, mats, and door thresholds get their own treatment in trip hazards and store control, because the proof for a rack base looks different from the proof for a puddle.
Who can be responsible
Look at the address first. A lease or a service contract can hand part of the property to a different company (hypothetical examples):
Part of the property | Who might have controlled it |
|---|---|
The front sidewalk and parking lot | The landlord or a property manager, under the lease |
The sales floor | The company operating the store |
Floors cleaned overnight | A cleaning contractor |
Kroger Texas L.P. and The Kroger Co. are separate legal entities. Your lawyer checks legal names, registered agents, and contracts to see who actually controlled the spot where you fell.
You don't need to understand any corporate relationships before you ask for advice. Bring the exact store address, your receipt, the report number, and your photos to the consultation. Lawyers should rely on verified records. They shouldn't assume that the parent company, a similarly named affiliate, or the shopping-center owner controlled the hazard.
Opening a claim with an adjuster is not the same as filing a lawsuit, and the filing and defendant guide explains the difference. Most Texas personal-injury lawsuits have to be filed within two years of the date the claim accrued, and some exceptions change that. Your lawyer should work out the actual date for your case and get the defendants served without delay. [S3]
What compensation may address
A supported claim may seek the categories below, as the evidence and the law permit. Each one needs its own foundation.
Category | Evidence that usually supports it |
|---|---|
Recoverable medical expenses | Medical records and bills, plus a medical explanation linking the treatment to the fall |
Lost income | Pay records, work schedules, and the dates of missed shifts |
Diminished earning capacity | Medical restrictions and, often, a vocational or economic opinion |
Physical pain and mental anguish | Your testimony, your family's, and treatment notes about sleep, movement, and mood |
Physical impairment and disfigurement | Photos of the scar, therapy notes, and what you can no longer do, like kneel in the garden |
Expect the other side to pull these apart. An invoice shows a charge, while whether the fall caused that treatment is a medical question. A diagnosis also says nothing yet about wages you might lose next year.
Keep every discharge sheet and appointment card in one folder. A few hypothetical examples of what to write down:
What happened | What to record |
|---|---|
You needed help on the stairs for three weeks | The dates, in a notebook or a phone note, without stretching anything |
You skipped two physical therapy visits | The real reason, such as a $60 copay or no ride, told to your provider and your lawyer |
Your doctor kept you off work for ten days | The work note and the shifts you missed |
Insurers look hard at gaps in treatment, and an invented explanation usually does more harm than the gap itself.
Neither this hub nor medical causation and claim value uses a Kroger settlement average or a "three times the bills" formula. A real evaluation looks at the evidence, the chance of losing, what damages Texas law allows, case expenses, and any health-plan or lien repayment. What the client keeps comes after all of that, so it's less than the gross demand.
How a case is prepared for litigation
A lawyer preparing for litigation usually builds a chart like this one (hypothetical). Every empty cell in the last column becomes a discovery request.
Element | Proof so far | Still missing |
|---|---|---|
Notice | A companion saw water by the cooler at 2:10 p.m. | The inspection sweeps for 1:00 to 3:00 p.m. that day |
Source of the liquid | A photo of the puddle beside the cooler | The service history for that unit |
Control of the area | The store address | The lease or contract covering that corner of the store |
Video | A cashier says a camera covers the aisle | The export, including the hour before the fall |
A demand for every document a national retailer has ever created would only invite a fight.
The discovery and corporate deposition article shows how to write those requests. The defenses and summary judgment article explains why a lawyer should find the empty cells before a dispositive motion arrives. Rules vary by court; these pages cite the current Texas rules and point out where federal court is different.
Some cases need an engineer or a floor-safety specialist. Expert-witness selection covers which disciplines fit which questions, and the limits of their methods. Voir dire, mediation and trial ties the admissible evidence to the questions on the jury charge. Good trial preparation helps, but it can't force a particular settlement.
Why consider Aaron Herbert
Anyone can check a board certification, which makes it a useful place to start. The more important test is whether the lawyer can explain what they would do with your facts. Try questions like these at a consultation:
- My fall was near the freezer case. How would you find out whether anyone at the store knew about the water?
- When would you send a preservation request for the video, and to whom?
- I had knee trouble before this. How would you handle medical causation?
- If the case goes to trial, which costs come out of my share?
- Who returns my calls, and who takes the store manager's deposition?
In a retailer case, preparation can matter long before a jury is picked. A carefully supported record makes negotiations better informed and helps identify cases that shouldn't be filed. It can't guarantee that Kroger will admit liability, make a particular offer, or avoid trial. This hub makes no claim that Aaron has obtained a Kroger-specific verdict or settlement.
Look up Aaron's official State Bar profile yourself. To ask for an evaluation, contact The Law Firm of Aaron A. Herbert. Have the store address and date ready, plus whatever photos, witness names, claim letters, and medical paperwork you've got. If you're missing most of it, reach out anyway.
Data that informs this resource
The legal points on this page come from published opinions, Texas statutes, and the current court rules. Some numbers people ask about aren't here, for these reasons:
Number you might look for | Why it isn't on this page |
|---|---|
A statewide count of Kroger falls | Searchable court opinions can't produce it, because many claims settle privately |
An average Kroger settlement | Many settlements are private, and many lawsuits end without a published opinion |
A yearly lawsuit total | Some suits name an operating company instead of the brand on the sign, so a name search misses them |
A win rate for shoppers | Published opinions cover only a small slice of all claims |
In an individual case, the most useful numbers are usually evidence numbers. Each one below can be audited.
Evidence number | Where it can be checked |
|---|---|
The verified interval between inspections | Inspection records and employee testimony |
The uncertainty in a camera clock | A receipt, a call log, or another independent timestamp |
Documented missed earnings | Payroll records and work schedules |
Supported treatment expenses | Bills and payment records |
The cost of necessary future care | A treating recommendation and a cost estimate |
Kroger's revenue, store count, or insurance arrangements can't show that a particular shopper is entitled to compensation.
Lawyers should keep different kinds of authority apart. A Kroger customer decision isn't an employee case, and a Texas Supreme Court holding isn't the same as a federal court applying Texas law.
Case | Setting | What it does and doesn't show |
|---|---|---|
Anderson-Brown v. Kroger Texas (5th Cir. 2023, unpublished) | A Kroger shopper, decided by a federal court applying Texas law | The shopper had a picture of the puddle, a video that partly showed the fall, and proof the store had been open nearly three hours, but none of it showed how long the puddle had been on the floor [S15] |
Austin v. Kroger Texas (Tex. 2015) | A Kroger employee hurt at work; Kroger was a workers' compensation nonsubscriber, and the question came from the Fifth Circuit | Important premises-duty analysis, but in a different factual setting [S13] |
Corbin v. Safeway Stores (Tex. 1983) | A Safeway customer fell near grapes sold from a slanted, self-service bin over linoleum with no mat | Evidence that Safeway knew the display was unusually risky led the court to reverse a directed verdict and order a new trial; your facts would need comparable evidence [S4] |
Common questions
Can I pursue a claim without a manager's incident report?
Possibly. A report is one source of evidence, not the only basis for a claim. Preserve your other records and explain why no report was completed. Don't create a substitute and describe it as a store record.
Does missing video mean I automatically win?
No. Missing video goes to the trial judge, who decides what, if anything, to do about it. The judge looks at whether the store had a duty to keep the recording, how it was lost, who was responsible, and how much the loss hurts your case. Texas law doesn't treat a missing recording as an automatic win. An instruction telling jurors they may presume the video would have hurt the store is reserved for limited situations. [S5]
What if Kroger says I should have seen the hazard?
Then the question is what you could actually see from where you were walking. Was the liquid clear on white tile? Was the light dim, or was a display in the way? Was there another route? Texas duty law on open-and-obvious conditions and the rules on comparative responsibility are related, but they're separate questions. A photo taken after the area was cleaned or rearranged may not answer either one.
Do I have to sue right away?
Usually not. Many people are still in treatment for weeks or months, and a lawyer may wait to see how the injury develops before filing. Two things can't wait: preserving evidence and figuring out your deadline. Talking with an adjuster doesn't pause the limitations clock.
Where can a practitioner find the complete litigation framework?
Start with the comprehensive Kroger premises liability litigation guide. Its 43 sections run from intake and liability through discovery, experts, damages, jury selection, settlement, and trial, with sources and worked examples.
A focused consultation with Aaron Herbert
Gather a few things before you call.
Have ready | Why it helps |
|---|---|
The store address and the date | They identify the store and the day's records |
Where you fell, like "aisle 7" or "the self-checkout by the pharmacy" | "Near the back" is hard to match to a camera or an inspection log |
Any report number and your original photos | They let the firm ask for the right records quickly |
Whether you were shopping, delivering, or working | A delivery driver or a Kroger employee can face legal issues a customer doesn't |
Earlier injuries to the same body part, statements to an adjuster, and any offer or release | The advice has to fit your real situation |
Aaron Herbert's certification in Personal Injury Trial Law is something you can verify, so it's a fair reason to call. Ask how the firm would identify the duty that applies to your fall, preserve records before they're gone, choose experts, and present your damages. Ask, too, who you'd hear from along the way. Request a case evaluation when you're ready to talk about the next deadline and the next piece of evidence. [S1]
Sources and legal context
These notes back up the legal and credential statements above. How each applies depends on your facts, current law, and any orders in your case. None is a firm result.
Note | Authority | Used for |
|---|---|---|
His Texas license, held since 2002, and his board certification in Personal Injury Trial Law | ||
Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002), opinion reproduced by CourtListener; Wal-Mart Stores, Inc. v. Spates, 186 S.W.3d 566 (Tex. 2006), opinion from the Supreme Court of Texas | Notice and an employee's nearness to the hazard | |
Tex. Civ. Prac. & Rem. Code §§ 16.001, 16.003, Chapter 16 on the Texas Legislature's statutes site | The two-year limitations period and its exceptions | |
Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), opinion reproduced by CourtListener | The four premises elements and the grape display | |
Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), majority opinion from the Supreme Court of Texas | Missing evidence and spoliation remedies | |
Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015), opinion from the Supreme Court of Texas | Open and obvious conditions, in an employee case | |
Anderson-Brown v. Kroger Texas, L.P., No. 22-10985 (5th Cir. Mar. 17, 2023) (unpublished), opinion from the Fifth Circuit | Why a fall photo and partial video may not prove duration |
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