Flip Side Of Texas High Court's Austin V. Kroger Decision

Law360, New York (September 2, 2015, 12:22 PM EDT) -- Karl Seelbach

Trek Doyle The Texas Supreme Court's long-awaited recent decision in Austin v. Kroger Texas LP mostly benefited premises owners and nonsubscriber employers with its primary holding that no legal duty is owed with respect to open, obvious or known dangers. Austin involved Kroger's potential liability for a slip-and-fall on a spill brought by an employee who was charged with responsibility for cleaning up the spill; thus, there was no dispute that the employee knew about the condition. The lengthy Austin decision reconciled arguably inconsistent authority and found that Kroger had no premises liability-related duty as a matter of law. That...

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