Keetch v. Kroger Co.
845 S.W.2d 262 (Tex. 1992)
Quick Take
Keetch v. Kroger Co. is one of the most influential cases in Personal Injury law, cited 1,205 times by subsequent courts. This level of citation indicates a foundational precedent that lawyers regularly rely on. Its citation status is "good law," meaning courts continue to follow and affirm this ruling — it remains authoritative.
How to Use This Case
When to cite:
This case has good-law status and is regularly cited in Personal Injury arguments. It's appropriate to cite when you need authority on Premises liability or Constructive knowledge.
Key arguments it supports:
- Property owners owe invitees a duty of ordinary care to keep premises in a reasonably safe condition
- An invitee must prove the owner had actual or constructive knowledge of the dangerous condition
- Constructive knowledge can be shown through temporal evidence (condition existed long enough) or regularity evidence (condition was foreseeable)
Court level & jurisdiction:
As a Supreme Court of Texas decision, this ruling is binding on all lower courts within its jurisdiction and highly persuasive nationwide. With 1,205 citations, courts clearly find it authoritative.
Summary
The Texas Supreme Court established the framework for premises liability claims involving slip-and-fall accidents in retail establishments. The Court held that an invitee must prove that the property owner had actual or constructive knowledge of a dangerous condition and failed to exercise ordinary care to reduce or eliminate the risk.
The Court clarified that constructive knowledge may be established through evidence that the condition existed long enough that the premises owner should have discovered it through reasonable inspection, or that the condition occurred with such regularity that it was foreseeable.
Key Holdings
- 1Property owners owe invitees a duty of ordinary care to keep premises in a reasonably safe condition
- 2An invitee must prove the owner had actual or constructive knowledge of the dangerous condition
- 3Constructive knowledge can be shown through temporal evidence (condition existed long enough) or regularity evidence (condition was foreseeable)
Why This Case Matters
Foundational premises liability case establishing the knowledge requirement framework that governs virtually all Texas slip-and-fall cases in commercial establishments.
Facts
Customer slipped and fell on a liquid substance on the floor of a grocery store. No evidence showed how long the substance had been on the floor or that any employee had actual knowledge of it. Customer sued for negligence.
Legal Principles
Statutes Interpreted
- Tex. Civ. Prac. & Rem. Code § 75.002
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