H.E. Butt Grocery Co. v. Resendez
Supreme Court of TX - 1999
- P fell near two grape displays. P claimed that the customer sampling display posed an unreasonable risk of harm that caused her injuries.
- One table contained grapes bagged in cellophane and sitting in boxes. The other contained a bowl of grapes for customer sampling.
- Floor mats were in place around the display tables. There were warning cones. The table had lips.
- COA found for P.
- TX Supreme Court reversed, found for D.
- Can the presence of something that is possibly dangerous be used to prove that there was an unreasonable risk of harm?
- The mere presence of something that is possibly dangerous cannot be used alone to prove that there was an unreasonably risk of harm without evidence of the condition of the premises.
- For P to recover, she had to show that…
- D had actual or constructive knowledge of a condition on the premises
- That the condition posed an unreasonable risk of harm
- That D did not exercise reasonable care to reduce or eliminate the risk
- And D's failure to use such care proximately caused her injuries.
- There is no evidence in this case that the display created an unreasonable risk of harm because of the precautions taken by D.