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Texas HEB injury lawyer and claims guide

Home  >  Texas HEB injury lawyer and claims guide

Home / Texas H-E-B Injury Knowledge Hub
Grocery aisle with a yellow caution stand next to a refrigerated case and a small puddle

Texas grocery store injury resources

Texas HEB injury lawyer and claims guide

You may have a claim if a dangerous condition at a Texas H-E-B hurt you and the evidence shows the store knew or should have known about it, failed to use reasonable care, and caused your injury. A fall alone doesn't prove that, so get medical care first and then preserve the scene, the video, witness names, and records of what the store knew.

Aaron A. Herbert

Written by Aaron A. HerbertThe 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.

Type at least 2 characters. Use arrow keys to choose a result and Enter to open it.

    Browse Texas H-E-B Injury Knowledge Hub
    Start with these guidesGuides in this hubCan you file a claim against HEB after a fall?What should you do first after an injury at HEB?Grocery store hazards worth investigatingParking lot and curbside injuriesWho may be responsible besides HEB?
    QuestionShort answer
    Does an injury at H-E-B mean H-E-B has to pay?No. The evidence has to prove notice, an unreasonable risk, a lack of reasonable care, and causation [S9].
    Who else could be responsible?A landlord, a cleaning or refrigeration contractor, a vendor, or a driver, depending on who controlled what.
    How long do I have to sue?Texas generally allows two years for a personal injury lawsuit, with exceptions [S14].
    What changed in 2026?In H-E-B, LP v. Peterson, the Supreme Court of Texas required some evidence of how long a puddle had been on the floor [S6].
    Should I take a payment right away?Get a clear explanation of what still needs investigation before you accept money or decide to sue.

    Tell us about your H-E-B injury or call (214) 200-4878. Bring the store address, the incident date, your injury details, any photos, and the names of witnesses, and don't worry if you haven't worked out the legal case yet.

    CredentialWhat it means for you
    Aaron Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal SpecializationYou can check it on his State Bar of Texas profile [S1].
    State Bar of Texas profileBar number 24036761, licensed November 6, 2002, and listed as eligible to practice [S1].
    What it doesn't meanCertification isn't a guarantee or a ranking, and it doesn't predict how your case turns out.
    What an evaluation coversYour event, the proof you have, the responsible entities, and the steps that protect the claim.
    IndependenceThe Law Firm of Aaron A. Herbert, P.C. is not affiliated with or endorsed by H-E-B.

    Start with these guides

    Claim and lawsuit guide

    How to file and litigate an H-E-B injury claim in Texas

    A step-by-step guide to a Texas H-E-B injury claim: the right defendant, notice after Peterson, video, medical proof, deadlines, mediation and trial.

    Read the guide

    Guides in this hub

    Each guide takes one part of an H-E-B injury claim and answers it in more depth.

    GuideWhat it answers
    How to file and litigate a Texas HEB injury claimThe full process, from investigation and notice through summary judgment and trial.
    The first 72 hours after an injury at HEB in TexasWhat to do about care, reporting, witnesses, and evidence in the first three days.
    Proving notice in a Texas HEB slip and fall claimHow actual and constructive notice are proved after Peterson.
    Texas HEB produce and sampling display injury claimsFalls on produce, grapes, and spills near a sample stand.
    HEB refrigeration leak and wet floor claims in TexasWater from cases and coolers, and what ties a leak to a fall.
    HEB entrance mat, threshold and rain related injury claimsCurled mats, floor transitions, and water tracked in on rainy days.
    HEB falling merchandise, fixture and construction injury claimsStacked goods, shelving, displays, and ceiling or construction failures.
    Texas HEB parking lot fall and walkway injury claimsPotholes, wheel stops, drainage, and who controls the lot.
    HEB curbside, cart and parking lot pedestrian injury claimsCurbside pickup spaces, cart movement, and vehicle traffic.
    Preserving HEB surveillance and injury evidence in TexasWhat to ask the store to keep, and what happens when video is lost.
    HEB inspection records and corporate testimony in injury casesInspection logs, maintenance records, and testimony from store personnel.
    HEB warning signs, known dangers and shared fault in TexasCones, open-and-obvious hazards, and how fault is divided.
    Texas HEB injury settlement value and medical proofWhat drives value and how medical expenses are proved.
    HEB injury statistics, settlements and liability insurance limitsWhat public data does and doesn't show.
    Texas HEB injury lawsuits, summary judgment and trialFiling deadlines, Rule 166a, mediation, and trial.
    Choosing a Texas HEB injury attorneyQuestions to ask a lawyer before you hire one.

    Can you file a claim against HEB after a fall?

    Yes, if the evidence supports it, but getting hurt at H-E-B doesn't automatically mean H-E-B must pay.

    What a customer usually has to proveWhat that looks like (hypothetical)
    The store actually knew, or should have known, about the conditionA shopper told a clerk about spilled yogurt by the dairy case ten minutes before the fall.
    The condition posed an unreasonable risk of harmA puddle in the walking lane by the frozen-food case on aisle 12.
    The store didn't use reasonable care to reduce or eliminate the riskNo cone, no cleanup, and no one sent to the aisle.
    The condition caused your injuryYou slipped in that puddle and broke your wrist.

    These elements come from Keetch v. Kroger Co., and the Court applied the notice element again in Peterson [S6, S9]. Your status as a customer, who controlled the area, any warnings, and other facts also matter.

    Be precise aboutWhy it matters
    The condition itselfA puddle is different from a defective refrigerator that might have produced it.
    What the store knewKnowing a cooler sometimes needs service doesn't necessarily show knowledge of water at the spot and time of your fall.
    Which defectSeveral cracks in a parking lot don't identify the one that tripped you.
    Who created itEvidence that the store created the condition bears on knowledge but doesn't prove knowledge as a matter of law, and the factfinder decides it [S9].
    Your own accountSeparate what you saw yourself from an explanation someone gave you later.

    Ongoing employee conduct can support a different theory, negligent activity, but Texas limits it to injuries caused by or as a contemporaneous result of the activity itself [S9, S13].

    Event (hypothetical)Likely theory
    An employee pushes a stocking cart into you on aisle 7Negligent activity, because the activity itself hurt you.
    You trip over a stocking cart left parked in the aisle an hour earlierPremises condition, because United Scaffolding, Inc. v. Levine treats a condition created by an activity as a premises claim [S13].
    A floor condition relabeled as active negligence to avoid notice rulesA weak approach, so counsel should pick the theory the event actually supports.

    What should you do first after an injury at HEB?

    Get away from any continuing danger and get the medical care your injury needs, calling 911 when it's needed.

    StepWhat to doExample (hypothetical)
    Stay safeDon't stand under an unstable fixture, step into a construction area, or walk into parking-lot traffic to get proof.Wait for help beside the cart corral, not in the drive lane.
    Photograph if safeShoot the condition up close and the wider aisle, doorway, display, or parking space that identifies it.A close shot of water by the floral cooler, then a wide shot showing the aisle sign.
    Tell a managerSay what happened, where, and that you're hurt, and stick to facts instead of guesses about causes or fault percentages."I slipped on clear liquid by the floral cooler and hurt my knee."
    Get the reportAsk for a copy of any incident report, or keep your own written report.Write down the manager's name and the report number.
    Read before signingA form called routine can contain more than a factual account, especially if it mentions payment, medical reimbursement, or a release.Take the form home to read instead of signing at the service desk.

    Then gather what may disappear, and don't guess about what you don't know.

    KeepWhy
    Witness names and phone numbersSomeone may have seen the spill before you did.
    Your receipt and purchase historyThey place you in the store at a specific time.
    Original photos and videoOriginals are better evidence than screenshots or cropped copies.
    Your clothing and shoesTheir condition may matter if footwear or the substance is disputed.
    A short dated accountWrite what you saw before and after the fall while your memory is fresh.
    What you don't knowNot knowing who caused a spill or how long it sat there is a reason to investigate, not a reason to guess.

    Talk to a lawyer promptly about preservation, because cameras may record over footage, floors get cleaned, and damaged parts get replaced [S12].

    A focused preservation request asks forExample (hypothetical)
    Relevant footageCameras covering aisle 12 from 2:00 to 4:00 p.m., not just the minute you fell.
    Reports and inspection recordsThe incident report and that day's floor inspection entries.
    Maintenance historyWork orders on the freezer case in the month before the fall.
    Contractor informationThe company that serviced the case or cleaned the floor.
    Your own messages and postsKeep them too, because deleting material once a dispute is foreseeable can cause avoidable problems.

    If footage is lost anyway, Texas courts don't treat that as an automatic win.

    Brookshire Bros., Ltd. v. AldridgeWhat it means for you
    Who decidesThe trial judge decides whether spoliation happened and picks a remedy that must be proportionate [S12].
    The factsGrease that leaked from a container near the store's rotisserie-chicken Grab-N-Go was the alleged hazard, and the store kept only about eight minutes of video while the rest was recorded over.
    The instructionA spoliation instruction is reserved for intentional spoliation, or negligent loss that irreparably deprived the other side of any meaningful ability to present a claim or defense.
    The takeawayMissing video isn't an automatic win, so ask for preservation early.

    What does the Peterson decision mean for an HEB injury?

    In H-E-B, LP v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026), the Supreme Court of Texas reinstated summary judgment for H-E-B because the shopper had no evidence of how long the puddle had been on the floor [S6].

    Fact in PetersonWhat the Court did with it
    A customer slipped on a clear puddle in the toy aisleThe question was constructive notice of that puddle, and its characteristics didn't show how old it was.
    Video showed no employee walked down that aisle in roughly the two hours before the fallThat still didn't show how long the puddle had been there.
    The store had a heightened inspection protocol for rainy weatherThe inspection evidence didn't supply the missing timing proof.
    H-E-B knew of earlier roof leaks in other parts of the storeLeaks elsewhere didn't show how long this puddle existed.
    ResultThe Court reversed the court of appeals and reinstated summary judgment for H-E-B [S6].

    Peterson follows the time-notice rule from Wal-Mart Stores, Inc. v. Reece, where an employee's proximity to a hazard wasn't enough by itself, though proximity and how conspicuous the hazard was can bear on whether it was there long enough [S8].

    Timeline questionEvidence that might answer it (hypothetical)
    Did another customer see the spill earlier?A shopper who passed the puddle at 1:40 p.m. and mentioned it at the deli counter.
    Did someone notify an employee?A page over the intercom or a text to the department lead.
    Does video show when the water appeared?Footage of a leaking jug in a cart rolling through at 1:25 p.m.
    Was the spot the subject of a recent work request?A ticket opened that morning for the same ceiling tile.
    What's still uncertain?Say so honestly, because each answer needs support.

    Peterson doesn't mean H-E-B can never be responsible for a wet-floor injury. Actual knowledge and other supported facts can change the analysis.

    Peterson doesn'tWhat still matters
    End actual-knowledge claimsProof that an employee knew about the spill.
    End every wet-floor caseDirect or circumstantial evidence of how long the condition existed.
    Require you to have watched the spill formWitnesses, video, and records can supply the timeline.
    Turn general maintenance criticism into notice proofThe evidence has to be tied to the specific condition [S6].

    Grocery store hazards worth investigating

    Produce, spilled liquids, ice, leaking equipment, freshly cleaned floors, and tracked-in water can all cause falls, but their presence doesn't prove negligence [S6, S8-S10].

    HazardWhat to pin down
    Produce and spillsThe exact item, where it was, how the store could have found it, and how long it had to act.
    Ice near a drink areaBrookshire Grocery Co. v. Taylor held a soft-drink dispenser area wasn't unreasonably dangerous merely because ice sometimes fell, so the claim needs the condition that caused the fall [S10].
    Inspection evidenceIt can help, but it has to connect to the condition instead of standing in for missing notice evidence.

    Entrance mats and floor transitions raise their own questions. Don't assume a later photo shows the mat where it was when you fell.

    Mat or threshold issue (hypothetical)What to record
    The entry mat by the automatic doors curled on a rainy afternoonThe point where your foot caught and the route you took.
    A damaged or hidden thresholdVisibility and lighting at the time.
    Earlier complaintsAny prior reports about the same mat or doorway.
    A disputed mat conditionPreserve the actual mat or component through proper procedures.

    Falling merchandise and fixtures turn on stacking, shelving, installation, impact, and work activity.

    AskExample (hypothetical)
    Was someone moving goods at that moment?A pallet jack working the endcap display on aisle 9.
    Did a display become unstable?A stacked soda display that leaned after a restock.
    Did a ceiling component come loose?A light panel that fell near the bakery.
    Was construction involved?Get a qualified explanation of which component failed and why before blaming the work.

    Restrooms, customer service areas, carts, curbside routes, and outside walkways may need a look too, but a clear account of the one condition that hurt you beats a long list of possibilities.

    Related guideWhat it covers
    Texas grocery store fallsHow the firm looks at grocery store fall claims across Texas.
    Texas retail and grocery store injury lawyerStore injuries at any Texas retailer or grocer, including the notice rules from Peterson.
    Other grocery chainsSeparate hubs cover Kroger slip and fall claims and Tom Thumb and Albertsons claims.
    Grocery store parking lot with a cart corral and marked pickup spaces

    Parking lot and curbside injuries

    A parking-area fall starts with one question, which is who owned and controlled that exact spot.

    Condition (hypothetical)Who may control it
    A pothole in the drive laneThe shopping center landlord, under the lease.
    A broken wheel stop in a Curbside pickup spaceThe grocery operator or a maintenance contractor.
    Standing water from a blocked drainWhoever handles drainage under the lease and in practice.
    A slick surface or blocked pedestrian routeWhoever maintains that walkway day to day.

    A landlord or contractor may owe different duties from the grocery operator, and the lease and actual maintenance practice help show who's responsible. Parking-lot and walkway claims are part of the firm's broader Dallas premises liability and Fort Worth premises liability work.

    If a vehicle hits youPreserve
    DriverName, plate, and insurance information.
    WitnessesNames and phone numbers of anyone who saw it.
    VideoLot cameras and any nearby dashcam footage.
    Movement and visibilityDirection of travel, lighting, and where you were standing.
    Property defectA defect may have contributed, but an owner isn't liable just because a collision happened on its land.

    Any supported theory has to connect control, a legally relevant failure, and causation to the collision or injury.

    Curbside questionWhy it matters
    What was each person doing?Loading, pushing carts, walking, and driving each raise different duties.
    Who employed the person delivering groceries or driving?Employment, contractor, and agency relationships need evidence, and they may not all be the same company.
    What coverage applies?Auto and commercial liability coverage serve different purposes and are investigated separately [S20, S21].

    Who may be responsible besides HEB?

    Depending on the facts, responsibility may fall on the store operator, property owner, shopping center manager, cleaning company, refrigeration vendor, construction contractor, merchandise vendor, equipment company, or a negligent driver.

    Possible partyWhat might connect it (hypothetical)
    Property owner or center managerControl of the parking lot and sidewalks.
    Cleaning companyAn overnight floor-care contract.
    Refrigeration vendorA service call on the dairy case two days earlier.
    Merchandise vendorA vendor rep who built the endcap display.
    DriverA car backing out of a Curbside space.
    A cautionNo company should be named just because it appears on a delivery record or carries insurance.

    Identify the correct legal entity for the store and the work involved, because the brand on the building isn't entity research.

    Entity research stepWhy
    Check the store address and lease recordsOperators and owners can differ by location.
    Read incident records and business informationThey can name the entity handling the store and the claim.
    Don't copy a name from another caseH-E-B, LP appears in Peterson, but that doesn't identify every proper defendant for every store, date, and operation [S6].

    There's no standard number of defendants. Texas proportionate responsibility rules in Chapter 33 can divide fault among legally relevant participants [S16].

    Your share of responsibility (hypothetical)Effect under Chapter 33
    More than 50 percentYou recover nothing [S16].
    50 percent or less, such as 20 percentYour damages are reduced by your percentage.
    Settlements and joint liabilitySeparate rules apply to settlement credits and joint-liability thresholds.

    Do warning signs and your own knowledge affect the claim?

    Yes, a cone or warning sign matters, but having one doesn't resolve every claim.

    Warning questionExample (hypothetical)
    Where was it placed?A cone at the end of aisle 4 while the spill sat mid-aisle.
    When was it placed?A sign set out after the fall isn't a warning before it.
    Could you see it?A sign hidden behind a stacked display.
    Did it match the danger?A sign far from the wet area is different from a barrier closing the aisle.
    How do you prove it?Photos and witness accounts taken before memories blur.

    In Austin v. Kroger Texas, L.P., an employee case, the Supreme Court of Texas held a property owner generally has no duty to warn of or make safe open-and-obvious or known hazards, with exceptions for third-party criminal activity and necessary use [S11].

    Tell your lawyerWhy
    You saw the condition before you fellKnown-and-obvious-danger law can affect whether a duty existed, not only your percentage of fault.
    You'd used that route earlier or got a warningIt bears on what you knew.
    Why you used the route anywayNecessary use needs careful analysis, and shopping convenience doesn't automatically establish it.
    Other routes you could have takenExplain the alternatives honestly.

    Expect the defense to look at distraction, footwear, physical conditions, route choice, and prior injuries, so be accurate about each.

    Difficult fact (hypothetical)How to handle it
    A prior knee problemIt doesn't automatically defeat a new injury or aggravation claim, but hiding it can hurt your credibility.
    You were reading your phoneSay so, because a sound evaluation deals with helpful and difficult evidence before a demand or deposition.

    What decides settlement value in an HEB injury case?

    There's no reliable H-E-B injury settlement price list, so value depends on the proof in your case.

    Value factorWhat it turns on
    LiabilityHow well notice, control, and causation are supported.
    Injury and treatmentMedical causation, treatment, and future needs.
    Work lossMissed time and reduced earning capacity.
    Pain and limitsConcrete effects on daily life.
    Shared faultYour percentage under Chapter 33.
    Coverage and collectionWhat insurance and assets are actually available.

    A serious fracture with clear notice evidence is different from a disputed fall with an unknown cause, and neither can be valued from a generic online range.

    ProofWhat to do
    Medical recordsReport symptoms and prior conditions accurately.
    Missed workKeep employment or business records.
    Daily lifeDescribe concrete effects, like no longer lifting a grandchild, instead of legal labels.
    Future care and earning capacityThese may need qualified opinions.
    Medical expensesSection 41.0105 limits recovery to amounts actually paid or incurred [S17].
    Expense affidavitsUnder section 18.001, an uncontroverted affidavit can support that charges were reasonable and services necessary, but it isn't evidence of causation [S18].

    What you take home after fees, expenses, medical balances, liens, and reimbursement claims is a different number from the gross settlement.

    Before you settleAsk for
    FeesWritten fee terms.
    DeductionsA clear estimate of what comes out of the gross amount.
    The releaseAn explanation of its effect on other defendants, property claims, and future treatment needs.

    What public data says about HEB stores and injuries

    H-E-B's newsroom describes the company's stores in Texas and Mexico, but no public source gives a count of Texas H-E-B injuries [S2].

    Data pointWhat it can and can't show
    H-E-B's newsroom store descriptionIt includes Mexico and isn't a count of Texas stores on the date of any injury [S2].
    Commercial location datasetsThey exist, but they aren't official counts and weren't independently audited for banners or completeness.
    H-E-B's official store locatorUse it to verify an individual address and banner, not as an injury dataset [S4].

    Research for this guide found no statewide H-E-B injury count, settlement average, or policy limit in the sources.

    Not established by public sourcesWhy
    An annual total of Texas H-E-B customer accidents or injuriesNo comprehensive public count was found.
    An annual count of lawyer-negotiated settlementsNo complete count was found.
    An H-E-B-specific settlement mean or medianNo representative figure exists in the sources.
    Lawsuits and opinions as a censusA lawsuit isn't a paid claim, and a published appellate opinion isn't a census of either.
    Employee injury statisticsThey can't be relabeled as customer injury statistics.
    Stores multiplied by a national accident rateThat estimate isn't supported by the data, and your location, date, witnesses, and maintenance history matter more.

    How does liability insurance work for an HEB claim?

    Commercial general liability insurance can cover bodily injury and premises risks, and excess coverage may apply above the underlying limits [S20].

    What decides coverageWhy
    The actual policiesTheir terms control.
    Insured entities and endorsementsThey define who and what is covered.
    Retentions and exclusionsThey change when and whether a policy responds.
    The incident dateCoverage is tied to the policy in effect.
    A current H-E-B scheduleNo current companywide customer liability schedule or per-store limit was verified in the reviewed sources.

    H.E. Butt Grocery Co. v. National Union Fire Insurance Co., a 1998 Fifth Circuit decision, describes a $1 million per-occurrence self-insured retention under a historical H-E-B policy involving 1994 events [S5].

    PointWhat it means
    A self-insured retentionIt's the amount the insured bears before the policy responds under its terms, not the insurer's coverage limit [S5].
    The age of the caseIt's old and factually different, so it doesn't show current coverage, a modern fall settlement average, or a cap on your damages.
    Policy-limit talkDon't accept an unsupported claim that every H-E-B customer claim is worth a policy limit, or that a large company pays every demand.
    Your caseAsk how counsel will investigate coverage and collection as part of the whole case, since liability and damages still need proof.

    What are the filing deadlines and the path to court?

    Texas generally gives you two years to file a personal injury lawsuit under section 16.003, subject to accrual rules and exceptions [S14].

    Deadline issueWhat to know
    Two-year limitationsSection 16.003 sets the general rule, with exceptions [S14].
    Construction and design claimsSections 16.008 and 16.009 set a 10-year repose period for design professionals and builders of improvements [S14].
    Certificate of meritChapter 150 requires one with the first pleading against licensed architects, engineers, land surveyors, or landscape architects [S22].
    Claim numbers and negotiationsAn incident report, claim number, or ongoing negotiation shouldn't be assumed to extend the deadline.
    Defendants and serviceNaming the right defendant and serving it diligently also matter.

    A lawsuit may involve discovery, inspections, depositions, qualified experts, summary judgment, mediation, trial, and post-judgment proceedings.

    StageWhat to know
    Summary judgmentFor motions filed on or after March 1, 2026, amended Rule 166a generally makes the response due 21 days after the motion is filed, unless the court grants leave or the parties agree [S15].
    CalendarCurrent rules and court orders control the dates [S19].
    PreparationBuild the evidence well before a motion challenges what's missing.

    Frequently asked questions

    Here are short answers to questions H-E-B shoppers often have after an injury.

    QuestionShort answer
    Can HEB be liable in more than one way?Potentially. A case may involve an existing dangerous condition, contemporaneous employee activity, a supported undertaking, or another theory, but repeating negligence labels doesn't avoid the elements of a premises claim [S9, S13].
    What if another customer caused the spill?The store may still face a claim if it knew or should have discovered that specific danger and failed to use reasonable care, but it isn't responsible the instant a customer spills something [S6, S8].
    Can I sue without video?Possibly. Witnesses, photos, records, employee observations, and expert evidence can establish a claim, and missing footage doesn't automatically prove liability or entitle you to a favorable instruction [S12].
    Must I accept the claims representative's first offer?No. An offer isn't a court's valuation, so check whether liability and medical needs are understood, what the release covers, and what your gross and net recovery would be.
    How many parties should my lawsuit name?Only those the facts and law support. Adding an owner, operator, contractor, or driver doesn't automatically add valid claims or money, and fault allocation and releases have to be coordinated [S16].
    Why consider Aaron Herbert?He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, which you can verify [S1]. Ask how the firm would preserve evidence, investigate notice and control, evaluate experts, explain fees, and prepare for litigation, and know that representation and any recovery depend on the facts and an agreed engagement.

    Prepare for a useful case evaluation

    A short, organized chronology helps more than a perfect folder.

    Bring or prepareWhy it helps
    A short chronologyIt covers the shopping trip, the injury, the report, medical care, and later contacts.
    The store address and exact spotName the department or outside location, like the produce misters or the cart corral.
    Original documents and photosKeep the originals and make a separate copy for your notes.
    Estimated times marked as estimatesAn estimate shouldn't turn into a precise fact in later retelling.
    A list of people and their rolesOne person saw the fall, another saw the condition earlier, and a companion talked to management, and independent accounts help on notice and mechanism.
    Separate witness accountsDon't ask everyone to sign the same narrative.
    Offers, authorizations, releases, recorded statements, and lettersBring the actual wording instead of relying on a representative's description.
    Health insurance, auto coverage for a parking collision, and reimbursement lettersThey can affect coverage, records access, and your net result without deciding the negligence claim.
    A question about each next stepAsk what it will resolve, such as control of a parking area, a notice witness, surrounding footage, or a qualified opinion, which gives a better basis for discussing costs and settlement timing than an early guess at value.
    Whatever you have nowSeek advice even without every item, because a timely preservation discussion can matter more.

    Tell us about your H-E-B injury or call (214) 200-4878, and mention anything that may be lost or changed soon. Bring the store address, the incident date, your injury details, photos, and the names of witnesses.

    Sources

    SourceWhat it supports
    [S1] State Bar of Texas, Aaron Alan Herbert profileBoard certification, Bar number 24036761, the November 6, 2002 license, and eligibility.
    [S2] H-E-B Newsroom, October 28, 2026 releaseThe company's own description of its stores in Texas and Mexico.
    [S4] H-E-B official store locatorVerifying an individual store address and banner.
    [S5] H.E. Butt Grocery Co. v. National Union Fire Ins. Co., 150 F.3d 526 (5th Cir. 1998)The historical $1 million per-occurrence self-insured retention.
    [S6] H-E-B, LP v. Peterson, No. 24-0310 (Tex. Apr. 10, 2026)Constructive notice and proof of how long a puddle existed.
    [S8] Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002)The time-notice rule and employee proximity.
    [S9] Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992)Premises elements and the negligent-activity distinction.
    [S10] Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006)The soft-drink dispenser and ice decision.
    [S11] Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015)Known and obvious hazards and their exceptions.
    [S12] Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)Preservation, spoliation, and proportionate remedies.
    [S13] United Scaffolding, Inc. v. Levine, 537 S.W.3d 463 (Tex. 2017)Premises conditions versus negligent activity.
    [S14] Texas Civil Practice and Remedies Code, Chapter 16Two-year limitations and construction and design repose.
    [S15] Supreme Court of Texas Misc. Docket No. 26-9012Amended Rule 166a, effective March 1, 2026.
    [S16] Texas Civil Practice and Remedies Code, Chapter 33Proportionate responsibility, settlements, and joint liability.
    [S17] Texas Civil Practice and Remedies Code, Chapter 41Paid-or-incurred medical expenses under section 41.0105.
    [S18] Texas Civil Practice and Remedies Code, section 18.001Medical expense affidavits.
    [S19] Texas Rules of Civil Procedure, official compilation current October 1, 2026The current procedural rules.
    [S20] Texas Department of Insurance, commercial general liability insuranceHow commercial liability coverage works.
    [S21] Texas Department of Insurance, automobile insurance guideAuto coverage in parking-lot collisions.
    [S22] Texas Civil Practice and Remedies Code, Chapter 150The certificate of merit for covered professional claims.

    Related Texas premises liability resources

    • Texas retail and grocery store injury lawyer
    • Texas grocery store falls attorney
    • Kroger slip and fall claims in Texas
    • Tom Thumb and Albertsons slip and fall claims
    • Walmart injury claims in Texas
    • Texas Costco injury claims and litigation guide
    • Dallas premises liability lawyer
    • Fort Worth premises liability lawyer
    • Board certification in Texas: the TBLS personal injury knowledge hub
    Aaron A. Herbert

    ABOUT THE ATTORNEY

    Aaron A. Herbert

    Founding Attorney

    Board Certified in Personal Injury Trial Law

    Texas Board of Legal Specialization · Since 2008

    Licensed in Texas since 2002

    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
    Read Aaron's full biographyVerify Board Certification with TBLS
    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

    Tell Us About Your Case

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    Aaron Herbert

    Our Practice Areas

    Personal injury representation.
    Explore how we can help.

    • Car Accidents
    • Wrongful Death
    • Motorcycle Accidents
    • Truck Accidents
    • Work Injury
    • Bicycle Accidents
    • Slip & Falls
    • Traumatic Brain Injury
    Here when you need answers.

    Learn about your options after an injury.

    Locations
    • Dallas
    • Fort Worth
    Testimonials
    I am satisfied
    I am satisfied. My experience was good, the staff was good and I appreciate you all working on my case.

    F.M.


    I understood the entire process and best course of action
    Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of...
    Read More
    Attorney Aaron Herbert and his staff were very patient during the whole process and able to deal with healthcare providers. In addition they went out of their way to make sure I understood the entire process and best course of action.

    L.F.


    I will refer Aaron’s law firm to all the people I know
    VERY satisfied with what Aaron’s law firm has done for me and my family. I will refer Aaron’s law firm to all the people I know personally and professionally.

    A.A.


    I just want to give a big thanks to this law firm
    I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They...
    Read More
    I was very satisfied with the law firm staff. They were very nice & respectful. They kept in contact with me about my case and fought hard for my case. My overall experience with this firm has been wonderful. They got me an amount greater than I expected. I just want to give a big thanks to this law firm , once again guys thank you so much!

    M.C.


    We are very pleased with our payout
    Our experience was very good. The staff was very helpful and informative with any questions and walked us through the entire process. We are very pleased with our payout.

    D.B.


    Happy with my settlement
    Happy with my settlement!

    A.P.


    He has a lifetime referral from me
    Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2...
    Read More
    Mr. Herbert is a lawyer with outstanding skills in being a trustworthy lawyer and as a person. I have very good confidence in any future situations with life and he will be the first person I call. He handled 2 cases for me back to back and everything went smoothly as planned. He will fight for you and put in countless hours. He has a lifetime referral from me.

    C.N.


    The law firm staff and attorneys were very nice
    The law firm staff and attorneys were very nice, helpful, understanding and very concerned about my case and any questions I had. I will tell family and friends that this law firm gets results!

    R.H.


    Great experience with this firm, very prompt service
    Great experience with this firm, very prompt service.

    K.M.


    I highly recommend this law firm
    Second time having Attorney Herbert represent me in an auto accident. I am very satisfied with his service and the firm staff was extremely professional. I highly recommend this law firm.

    C.S.


       
                                   
    The Law Firm Of Aaron A. Herbert, P.C. Logo
    214-200-4878FREE CONSULTATION

    Dallas Office

    8330 Lyndon B Johnson Fwy #700,
    Dallas, Texas 75243
    (214) 200-4878

    Fort Worth Office

    4200 South Fwy #412,
    Fort Worth, Texas 76115
    (817) 500-4878

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    Aaron Herbert legal resources

    Knowledge Hubs

    Explore our guides to Texas injury claims and the questions that matter to your case.

    Type at least 2 characters. Use arrow keys to choose a result and Enter to open it.

      Browse Knowledge Hubs
      • Store injuries

        Texas Walmart Injury Knowledge Hub

        Explore evidence, liability, damages and litigation for Walmart injury claims in Texas.Explore the hub →
      • Choosing counsel

        TBLS Certified Personal Injury Knowledge Hub

        Understand Board Certification in Personal Injury Trial Law and the questions to ask when choosing counsel.Explore the hub →
      • Truck accident evidence

        Texas Truck Accident Litigation

        Find guidance on truck inspections, electronic records, responsible companies and Texas trial rules.Explore the hub →
      • Damages and settlement

        Texas Injury Claim Value and Litigation

        Learn how evidence, responsibility, medical losses and insurance affect an injury claim.Explore the hub →
      • Motorcycle crashes

        Texas Motorcycle Accident Attorney Knowledge Hub

        Explore guides to crash evidence, injuries, insurance and choosing a motorcycle accident lawyer in Texas.Explore the hub →
      • Car crashes

        Texas Car Accident Knowledge Hub

        Explore guides to crash evidence, fault, injuries, insurance and resolving a car accident claim in Texas.Explore the hub →
      • Warehouse injuries

        Texas Costco Injury Claims and Litigation Guide

        Explore evidence, notice, liability and litigation for Costco injury claims in Texas.Explore the hub →
      • Store injuries

        Target Injury Knowledge Hub

        Explore evidence, notice, video preservation and litigation for Target fall claims in Texas.Explore the hub →
      • Home improvement store injuries

        Home Depot Injury Knowledge Hub

        Explore evidence, notice, video preservation and litigation for Home Depot fall claims in Texas.Explore the hub →
      • Store injuries

        Ross Dress for Less Injury Knowledge Hub

        Explore evidence, notice, video preservation and litigation for Ross fall claims in Texas.Explore the hub →
      • Grocery store injuries

        Kroger Injury Knowledge Hub

        Explore evidence, notice, video preservation and litigation for Kroger fall claims in Texas.Explore the hub →
      • Grocery store injuries

        Tom Thumb and Albertsons Injury Knowledge Hub

        Explore evidence, notice, video preservation and litigation for Tom Thumb and Albertsons fall claims in Texas.Explore the hub →
      • Grocery store injuries

        Texas La Michoacana Supermarket Injury Knowledge Hub

        What to do first, how store notice is proved, and how a Texas premises claim is built from the evidence.Explore the hub →
      • Grocery store injuries

        Texas H-E-B Injury Knowledge Hub

        What an H-E-B injury claim must prove, and the evidence to save in the first days after a fall.Explore the hub →
      • Grocery store injuries

        Texas Brookshire's Injury Knowledge Hub

        Hurt at a Brookshire's, Super 1 Foods or other BGC store? What to do first and how store notice is proved.Explore the hub →
      • Store injuries

        Texas 7-Eleven Injury Knowledge Hub

        Explore evidence, notice, video preservation and responsibility for 7-Eleven injury claims in Texas.Explore the hub →
      • Store injuries

        Burlington Injury Knowledge Hub

        Explore evidence, notice, video preservation and deadlines for Burlington injury claims in Texas.Explore the hub →
      • Parking lot injuries

        Texas Parking Lot Injury Knowledge Hub

        Who may be responsible, what to do first, how notice and video work, and government-lot deadlines.Explore the hub →
      • Apartment injuries

        Texas Apartment Injury Knowledge Hub

        Who may be liable, how repair notices and deadlines work, and what evidence to save after an apartment injury.Explore the hub →
      • Serious injuries

        Texas Catastrophic Injury and Damages Hub

        Explore guides to severe injuries, lifetime care, lost earning capacity and trial evidence.Explore the hub →
      • Fatal accidents

        Texas Wrongful Death Knowledge Hub

        Understand Texas wrongful death claims, evidence, damages and the litigation process.Explore the hub →
      • Family support

        Wrongful Death and Family Support Center

        Find grief programs, funeral and survivor benefit help, and next steps for Texas families.Visit the center →

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