Randy Austin, Appellant v. Kroger Texas, L.p., Appellee

Summary

The Texas Supreme Court held that a nonsubscribing employer generally owes no duty to warn or protect an employee of an open, obvious premises hazard that the employee was aware of, and the employee’s awareness does not eliminate the employer’s duty; the duty is satisfied by warning of concealed dangers, with two narrow exceptions (criminal‑activity and necessary‑use). The Court also declined to create a new exception for tasks assigned by the employer.