Keetch v. Kroger Co

In Keetch v. Kroger Co., 845 S.W.2d 262, 264, 36 Tex. Sup. Ct. J. 273 (Tex. 1992), the plaintiff argued that Kroger exposed its customers to the unreasonable risk of a fall by negligently conducting its plant spraying activity in an area of its store that was open to its customers. 845 S.W.2d at 264. The court noted that a Kroger employee sprayed the plants sometime prior to her 7 p.m. quitting time and that the plaintiff slipped on the floor and fell at approximately 7:30 pm. Id. The court found that there was no ongoing activity when the plaintiff was injured and that while the plaintiff may have been injured by a condition created by the spraying, she was not injured by the activity of spraying. Consequently, the injury was caused by a premises condition rather than a negligent activity.