$6 million for Tripping on a Display of Watermelons? The Texas Supreme Court Says No

By Sonji Winters, JD, PartnerSource

Premises liability lawsuits can be a significant concern for businesses in Texas. These lawsuits typically arise when someone is injured on another person’s property due to alleged negligence. Therefore, it is essential for businesses to be knowledgeable about potential strategies for defending against such lawsuits.

Recently, the Texas Supreme Court affirmed that businesses are not liable for premises defects that are not unreasonably dangerous.

In Pay and Save, Inc. v. Roel Canales, a Texas Supreme Court decision dated June 14, 2024, Canales was shopping at grocery store Pay and Save when he fell and injured his elbow after getting his foot stuck in the open side of a wooden pallet holding watermelons. Canales had shopped at the store on many occasions without incident.

Canales acknowledged he was not looking down when his foot became stuck in the pallet. He fell and broke his elbow, and a jury thought that was worth $6 million in damages, but the Texas Supreme Court was not buying it.

To prevail in a premises-liability case, an invitee-plaintiff must show that (1) a premises owner had actual or constructive knowledge, (2) of some unreasonably dangerous condition on the premises (3) but the owner did not exercise reasonable care to reduce or to eliminate the unreasonable risk of harm, (4) which proximately caused the plaintiff's personal injuries. Pay and Save argued that the evidence was legally insufficient to support a finding of premises liability because the wooden pallet is not unreasonably dangerous. The Supreme Court agreed.

The Court found there was no evidence to support the jury’s conclusion that the openings in the pallet created an unreasonable risk of harm. The Court noted that no one had ever reported an injury from a watermelon display at any of Pay and Save’s 150 stores or any other grocery store chains. The Court found that the pallet was an everyday hazard, “Common or innocuous hazards are not unreasonably dangerous as a matter of law,” and also found that “Without this doctrine, a grocery store and everything in and around it could be characterized as unreasonably dangerous.” The Court concluded, “It was a common condition, a type of hazard that we encounter — and avoid — every day by exercising a modicum of common sense, prudence and caution."

The Supreme Court’s decision in Pay and Save, Inc. v. Canales can be used as a guide to defending against premises liability claims along with prior Court cases such as Kroger v. Elwood. Kroger v. Elwood is a nonsubscriber case that was decided in 2006 which held Kroger had no duty to warn Elwood of a danger known to all and no obligation to provide training or equipment to dissuade an employee from using a vehicle doorjamb for leverage. Elwood was a courtesy clerk who slammed his hand in a car door while assisting a customer in loading groceries into a vehicle. 

The Supreme Court’s rulings demonstrate that the mere creation of a condition does not establish that the condition is unreasonably dangerous. The Plaintiff has the burden to prove that the condition is unreasonably dangerous and that the existence of an unreasonably dangerous condition caused the accident and injuries. Businesses can also defend against these claims by presenting evidence of the following:

•    NO KNOWLEDGE OF HAZARD
Showing that there was no actual or constructive knowledge of the hazardous condition that caused the injury can be effective. This could involve proving your business was unaware of the dangerous condition or that it occurred suddenly and without warning.

•    OPEN AND OBVIOUS HAZARDS
If the hazard was open and obvious and a reasonable person would have noticed it and taken precautions, this could be a strong defense. Texas law recognizes businesses are not liable for obvious hazards that should have been noticed and avoided.

Make sure your investigations are thorough to ensure your business can mount the strongest defense in these types of claims. 

Questions? Contact your PartnerSource team leader today.