Maria Zapien has filed a lawsuit against H-E-B, LP, alleging negligence and breach of contract after suffering injuries from a fall at one of the company's grocery stores. The complaint was filed on January 29, 2025, in the District Court of Harris County, Texas. Zapien accuses H-E-B of failing to maintain safe premises and not honoring a settlement agreement.
The incident occurred on March 22, 2024, when Maria Zapien was shopping at an H-E-B store located at 612 Victory Drive in Houston. While navigating the vegetable aisle, she slipped on an onion left on the floor and fell, injuring her arm and back. According to the petition, there were no warning signs or barriers around the onion to alert customers like Zapien to the hazard it posed. As a result of this fall, Zapien sustained painful bodily injuries.
In response to her injuries, H-E-B allegedly agreed to pay Zapien $18,000 as part of a settlement for her claims against them. However, despite Zapien executing and tendering a release drafted by H-E-B as per their agreement, she claims that the company failed to deliver the promised payment. This alleged failure forms the basis for her breach of contract claim against H-E-B.
Zapien's lawsuit contends that H-E-B was negligent in several ways: by creating an unsafe condition through its employees' actions; failing to place caution signs or verbally warn invitees about potential hazards; neglecting to install barriers around dangerous areas; and not adequately inspecting or maintaining its premises. These acts and omissions are claimed to have directly caused Zapien's fall and subsequent damages.
In addition to seeking monetary relief between $50,000 and $100,000 for her injuries and losses—including medical expenses both past and future—Zapien is also pursuing recovery for pain and suffering, mental anguish, physical impairment, loss of earnings capacity, loss of consortium, household services damages, exemplary damages among others. Furthermore, she seeks attorney’s fees under Texas law due to what she perceives as unjust enrichment by H-E-B.
Represented by J. Terrelle Bynum from Law Offices of Domingo Garcia L.L.P., Maria Zapien is calling upon the court for judgment against H-E-B that includes all actual damages outlined in her petition along with pre-judgment interest as permitted by Texas law. The case has been assigned Case ID 2025-05896 with Judge Christopher Matthews presiding over proceedings in Court 11.