HEB, the well-known Texas supermarket chain, is being sued after a motorcycle accident killed a patron at their Atascocita location. A woman is pursuing a wrongful death claim on behalf of her husband who struck a speed bump while on his motorcycle and hit his head in a covered parking lot. When he rode over a speed bump, his speed combined with the lift caused him to hit his head, a fatal injury which ultimately caused his untimely death.
The lawsuit was filed on Wednesday, May 30, 2012 against HEB Grocery, citing gross negligence, negligence per se and negligence. According to the complaint, HEB caused the death by failing to providing timely medical assistance, adequate safety equipment and proper lighting. Reports have not yet indicated the specific ways which the grocery store failed to attend to the victim.
Premises liability claims are legal actions against individuals or entities who were causally responsible for injury or death on a public or private property. A premises liability claim can be brought property owner, security or managament company for failed maintenance, security, bad lighting or other dangerous aspects of the property that caused injury or death to a victim.
The grocery store chain will be held liable if the court finds that they should or should have known that any of the dangerous conditions could have led to a foreseeable injury or death. Failure to warn or repair conditions in a timely fashion can also result in liability.
The wife of the victim is pursuing financial damages and court costs for economic and personal losses. Most likely, she will pursue maximum compensation for all medical expenses, lost future wages, pain and suffering of the victim as well as loss of companionship.
Source: Ultimate Lake Houston, "HEB sued after fatal motorcycle accident in Atascocita," Glenna Herald, June 1, 2012.