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Customer Alleges Negligence Against Grocery Chain Following Slip-and-Fall Incident

SOUTHEAST TEXAS RECORD

Tuesday, November 26, 2024

Customer Alleges Negligence Against Grocery Chain Following Slip-and-Fall Incident

State Court
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Judge Beau A. Miller | District Courts of Harris County

In a recent legal filing, a Texas resident has taken action against a well-known grocery chain following an alleged incident that left her injured. On November 15, 2024, Katia Quesada filed a complaint in the District Court of Harris County, Texas, against Kroger Texas L.P., doing business as Elmside Kroger. The case revolves around an incident that occurred on November 18, 2023, when Quesada claims she suffered injuries due to negligence on the part of the defendant.

According to the petition filed by Quesada, she was shopping at the Kroger store located at 9919 Westheimer Rd., Houston, Texas when she slipped and fell on a clear liquid substance on the floor. The lawsuit asserts that there were no warning signs or barriers to alert customers about the hazardous condition. As a result of this fall, Quesada alleges she sustained painful bodily injuries and is seeking monetary relief not exceeding $1 million. She argues that her injuries have led to physical pain, mental anguish, disfigurement, physical impairment, and loss of earnings.

The plaintiff's petition outlines several accusations against Kroger Texas L.P., emphasizing their failure to maintain safe premises for customers. It states that as an invitee on the property for shopping purposes, Quesada was owed a duty of care by the defendant. The document lists multiple instances of alleged negligence by Kroger employees or agents: failing to prevent or address the dangerous condition caused by the slippery substance; neglecting to place caution signs or verbally warn patrons; and inadequate training and enforcement of safety protocols among staff members.

Quesada’s legal team invokes the doctrine of Res Ipsa Loquitur in their argumentation—suggesting that such incidents typically do not occur without negligence—and maintains that the defendant had sole control over conditions leading up to her injury. In addition to compensatory damages for her suffering and medical expenses incurred due to this event, Quesada seeks pre-judgment interest as part of her compensation package.

Represented by Sofia Strauss from the Law Office of Domingo Garcia LLP based in Houston, Katia Quesada is determined to hold Kroger accountable for what she perceives as gross oversight in ensuring customer safety within their premises. This case has been assigned Case ID 2024-80698 under Judge Christopher Matthews in Harris County's 164th Judicial District Court.

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