RETAIL AND GROCERY STORE INJURY CLAIMS · TEXAS
Texas Retail and Grocery
Store Injury Lawyer
Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. What board certification means
Hurt in a store aisle, at the checkout, or in the parking lot outside? Get a free review of what the store knew and how long the danger sat there.
No fees or expenses unless you recover
Trial lawyerLicensed in Texas since 2002
A Dallas office.8330 LBJ Freeway, Suite 700
Free first callDay or night
NO FEES OR EXPENSES UNLESS YOU RECOVER
Hurt at a store in Texas?
A free conversation can help you understand your next step.
IN OUR CLIENTS’ WORDS
Personal attention.
Remembered by our clients.
Communication was above and beyond!
Aaron was awesome, polite and patient.
I am very content, outstanding staff
Excerpts from testimonials published by the firm. Individual experiences vary; these are not promises of a particular result.
KNOW WHO IS IN YOUR CORNER
Aaron A. Herbert
Board Certified in Personal Injury Trial Law
Texas Board of Legal Specialization
YOUR RECOVERY. OUR FOCUS.
How we look into
a store injury.
A grape under the produce mister at six in the evening. A case of bottled water that slides off a top shelf. A cart corral left in a dark row of the lot. Store cases start with small facts like these, and with the store’s own video.
Send us four things: the store, the city, the date, and the time printed on your receipt. Then we write to the store. The letter asks it to keep the camera footage, the sweep log for that shift, and the incident report. Hurt at one chain? We have guides for Walmart injury claims, Kroger falls, Target falls, and Costco injuries.
Let’s talk about your situationTrial-focused representation.
Store insurers keep track of which lawyers try cases. Ask how we would build yours if the claim does not settle and a Texas jury hears it.
The video comes first.
Store cameras record over old footage. Our first letter asks the store to save the views of your aisle, the minutes before you fell, and the cleanup after.
You get a real person.
Bring your questions about doctors, missed shifts, and the adjuster who keeps calling. You will know who handles your file and how to reach them.
A RECORD OF ADVOCACY
Real cases.
Meaningful results.
Selected outcomes published by the Law Firm of Aaron A. Herbert. Every case begins with its own facts.
A grocery-store fall involving a substance on the floor.
A fall involving a defective walkway at a private event venue.
A collision involving a tractor-trailer that failed to control its speed.
An employee injured by defective machinery.
A pedestrian struck by a van in a crosswalk.
A rear-end collision involving a commercial van.
Prior results do not guarantee a similar outcome. Figures are as published by the firm, not amounts clients necessarily received after fees and expenses.
View all published resultsTEXAS STORE CASES
What decides a
Texas store case
in real life.
Texas stores rang up about $608 billion in retail sales in 2022, per the Census Bureau (as viewed November 1, 2026). Each of those sales put a shopper in an aisle that someone had to keep safe.
How long was the spill on the floor?
That question decides most store cases. In H-E-B v. Peterson (April 10, 2026), a shopper slipped on a clear puddle in a toy aisle. The Texas Supreme Court ruled for the store. Roof leaks in another part of the building, and video showing no worker in that aisle for two hours, did not prove how long the puddle had been there.
What if the store let the video record over?
Ask for it in writing right away. In Brookshire Brothers v. Aldridge (2014), a man slipped on grease near a rotisserie chicken display. The store saved about eight minutes of video and the camera system recorded over the rest. The court held that a judge, not the jury, decides whether a store broke a duty to keep evidence. A jury instruction about lost video is saved for intentional destruction, or for careless loss that leaves you no real way to prove your case.
Does the parking lot count?
Often, if the store controls the lot. In United Supermarkets v. McIntire, a shopper tripped in a parking-lot divot about three-quarters of an inch deep. In 2022 the Texas Supreme Court ruled for the store. Wear that small was not unreasonably dangerous. A pothole you could lose a shoe in, right by the front door, is a different case. More on our Texas parking lot injury page.
What if something fell off a shelf onto me?
Falling stock is a premises case too. We want to know who stacked it and when. Paint cans three high on a top shelf. A pallet with its shrink wrap torn open. A box sitting half off the edge. Write down the aisle and what hit you, then photograph the shelf before someone restocks it. Hurt at a home improvement store? Read our Home Depot injury guide.
WHY CHOOSE AARON HERBERT?
Choosing counsel
after a store injury.
Use the first call to test us. Ask what evidence we would request, who would handle your file, and how the fee works before you sign anything.
From the firm: why speaking with an injury attorney matters.
A board-certified trial lawyer
You can look up Aaron’s certification on the State Bar of Texas website in about a minute. We encourage it.
Help finding a doctor
Tell us if you have no health insurance or can’t get an MRI on the calendar. We can point you to providers and talk through how treatment might get paid.
We ask who walked the aisle
The sweep log shows who checked your aisle and when. We also want the incident report, the manager’s notes, and a map of the camera angles. Then we ask who stocked the shelf.
We take the adjuster’s calls
Large chains often use a claims company you have never heard of. Once you hire us, those calls come to us. Bring every letter you have received.
Ready for trial if it comes to that
Most cases settle. Insurers watch which lawyers are willing to try a case. We prepare every file as if a jury will see it.
No fees or expenses unless you recover
The first meeting is free. Ask us to walk you through the fee and the costs, with a sample number, before you sign.
AFTER A STORE INJURY
What to bring to
your free consultation.
Bring the store name and address, your photos, the incident report number, and any letters from a claims company. Bring the receipt too. It shows the minute you were at the register.
- 1
Report it before you leave.
Ask for a manager and ask them to write an incident report. Get a copy or the report number. Don’t guess about your injuries on the form.
- 2
Photograph the spot.
Photograph the floor, the shelf, and your shoes. Was there a wet-floor sign? Take a picture of where it stood, or of the empty spot. Ask anyone who saw it for a phone number.
- 3
Get checked out.
Urgent care, an ER, or your own doctor. Tell them exactly how you fell or what hit you. Keep the paperwork.
- 4
Call before you sign.
Don’t give a recorded statement or sign a medical release for the store’s insurer until a lawyer has looked at it.
Camera systems record over older footage. Call soon so we can send a written request to keep the video from your aisle and the front door.
UNDERSTANDING YOUR CLAIM
A fall is the beginning
of the story.
The evidence matters.
Getting hurt in a store does not by itself make the store pay. These are the three questions we ask first.
What did the store know, and when?
A shopper is an invitee. Under Keetch v. Kroger (1992), you show the store knew or should have known about a condition that posed an unreasonable risk, failed to use reasonable care about it, and that this caused your injury. Proving “should have known” usually means proving how long the hazard was there.
Was there a warning you could see?
A cone in the right spot can defeat a claim. Austin v. Kroger Texas (2015), a case brought by a store employee, says an owner usually has no duty to warn about a danger that is open and obvious or already known. A cone around the corner from the spill is worth a photo.
How has your life changed?
Your medical records, pay stubs, and the things you can no longer do at home or at work.
Read how Texas injury claims are valued, or see our city pages for Dallas store injuries and Fort Worth store injuries. More chain guides: Ross falls, Tom Thumb and Albertsons falls, Burlington injuries, 7-Eleven injuries, La Michoacana Meat Market injuries, H-E-B injuries, and Brookshire's injuries.
CLEAR ANSWERS. A BETTER NEXT STEP.
Store injury
questions.
Your situation is unique.
We’re here to listen.
Does it cost anything to talk with your firm?
No. The first talk is free. If you hire us, you pay no fee or expenses unless you recover. Ask us how the money would split on a sample settlement.
Do I have a case if I slipped on a spill in a grocery store?
Maybe. The store has to have known about the spill, or it has to have sat there long enough that a worker should have found it. Look for cart tracks running through it, dirt in it, or edges that had started to dry. The Texas Supreme Court’s April 2026 ruling in H-E-B v. Peterson made that kind of proof even more important.
What if a store employee caused the hazard?
Tell us right away. Say a worker drops a jar of pickles, mops with no sign out, or parks a stocking cart across the aisle. That is not a customer’s spill, and it can help show the store knew. Write down the time and what the worker looked like.
What if I was hurt in the store’s parking lot?
Find out who controls the lot. Some stores lease space in a shopping center that handles the paving and the lights. Deep potholes, broken curbs, and dark rows can support a claim. Small cracks usually don’t.
Can the store blame me for not watching where I was going?
It will try. Texas compares fault. If a jury puts more than 50% on you, you recover nothing. At 20%, your damages drop by 20%. That is why your phone, your shoes, and the lighting all come up.
How long do I have to file a lawsuit?
Two years, in most cases. Talking with the store’s adjuster does not stop the clock. See Texas Civil Practice & Remedies Code §16.003.
The store is a national chain. Does that change anything?
The claim usually goes to the company that runs the store, and often to a claims company it hires. That adjuster works for the store, not for you. A national chain may also ask to move a lawsuit to federal court. Our chain guides for each store go into more detail.
How much could my case be worth?
Nobody can honestly quote a number on the first call. A broken wrist from a produce-aisle fall and a sore back are very different cases. So is a store with video and one without. We give you a range once we see the records.
FIGHTING FOR THE SERIOUSLY INJURED
Ready to take
your next step?
Tell us what happened. We’ll help you understand your options.
No fees or expenses unless you recover.