H.E. Butt Grocery Co. v. Resendez

In H.E. Butt Grocery Co. v. Resendez, 988 S.W.2d 218 (Tex. 1999), the injured party contended that because H.E.B. displayed its grapes in a self-service bin that permitted shoppers to sample the fruit, there was an unreasonable risk that customers would slip on grapes that fell to the floor. See id. at 218. The Court disagreed, noting the lengths to which H.E.B. had gone to prevent grapes from falling from the display, the mats it had in place, and the warnings cones it had posted. See Resendez, 988 S.W.2d at 218-19. The Court held that "the mere fact that a store has a customer sampling display cannot, without more, be evidence of a condition on the premises that poses an unreasonable risk of harm." Id. at 219.