Sidewalks, parking lots, and other exterior areas of businesses and properties are often taken for granted. But for many personal injury victims, these seemingly ordinary places are where accidents happen. In Texas, property owners can be held legally responsible for injuries that occur on these exterior spaces under premises liability law.

Understanding Premises Liability for Exterior Areas

Texas premises liability law is governed primarily by common law principles and influenced by the Texas Supreme Court’s decisions, such as Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983), and Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992). These cases establish that property owners and occupiers have a duty to maintain their premises in a reasonably safe condition and warn of known dangers.

While many associate premises liability with incidents inside buildings, Texas law applies the same principles to exterior areas, including:

• Sidewalks
  
• Parking lots
  
• Driveways
  
• Entryways
  
• Outdoor common spaces
  

Who Is Responsible for Sidewalks and Parking Lots?

Liability depends on ownership and control:

• Private Property Owners: Businesses, shopping centers, apartment complexes, and private property owners are generally responsible for maintaining their sidewalks, parking lots, and driveways. See CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000).
  
• Public Entities: If a sidewalk or parking lot is owned or maintained by a governmental entity, sovereign immunity laws apply under the Texas Tort Claims Act (TTCA), Texas Civil Practice & Remedies Code Chapter 101. This law provides limited waivers of immunity but imposes strict notice requirements and damage caps.
  
• Shared Responsibility: Property managers, tenants, or contractors may share liability depending on contractual obligations and control over the premises.
  

Common Exterior Hazards Leading to Injury

Some of the most frequent causes of sidewalk and parking lot injuries in Texas include:

• Uneven or cracked pavement
  
• Potholes
  
• Loose gravel or debris
  
• Poor lighting leading to inadequate visibility
  
• Inadequate drainage causing slick surfaces
  
• Missing or poorly marked curbs or steps
  
• Failure to address ice, snow, or standing water (though Texas rarely deals with ice, occasional winter storms can create hazards)
  

Legal Standard: The Duty Owed to Visitors

Under Texas law, the duty owed depends on the status of the injured person:

• Invitees (business customers, tenants, guests): Property owners owe the highest duty of care. They must inspect the property and either remedy dangerous conditions or warn of their existence. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998).
  
• Licensees (social guests): Property owners owe a duty to warn of known dangerous conditions that are not obvious.
  
• Trespassers: Generally, the duty is minimal, though landowners cannot willfully or wantonly cause harm.
  

Proving Liability in Texas Parking Lot and Sidewalk Injury Cases

To succeed in a premises liability claim for a parking lot injury or sidewalk trip fall liability in Texas, the injured party typically must prove:

1. The property owner had actual or constructive knowledge of the dangerous condition.
   
2. The condition posed an unreasonable risk of harm.
   
3. The property owner failed to take reasonable steps to reduce or eliminate the risk.
   
4. The failure directly caused the injury.
   

Constructive knowledge can be established by showing the condition existed long enough that the owner should have discovered it through reasonable inspection. This standard was clarified in Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006).

Challenges in Sidewalk and Parking Lot Cases

These cases often hinge on:

• Photographs or video of the hazard
  
• Maintenance logs and inspection reports
  
• Witness statements
  
• Expert testimony (engineering reports, lighting studies, or building code violations)
  

In urban areas, municipal codes may establish maintenance standards that can strengthen a negligence claim if violated.

Governmental Claims: Special Considerations

Claims against a governmental entity in Texas face unique hurdles under the TTCA:

• Plaintiffs must provide written notice of the claim within six months of the injury (or less if required by local charter).
  
• Damages are capped ($250,000 per person/$500,000 per occurrence for state entities).
  
• The plaintiff must prove actual knowledge of the dangerous condition by the governmental unit.
  

Statute of Limitations in Texas

Under Texas Civil Practice & Remedies Code Section 16.003, the general statute of limitations for personal injury claims is two years from the date of injury. Prompt action is crucial, especially in cases involving public entities due to additional notice requirements.

Damages Available

In a successful premises liability case, injured victims may recover damages for:

• Medical expenses
  
• Lost wages
  
• Pain and suffering
  
• Permanent impairment or disability
  
• Future medical care needs
  

Why Exterior Premises Liability Claims Matter

Sidewalk and parking lot injuries can result in serious harm: fractures, head trauma, spinal injuries, or even lifelong disabilities. Property owners must take reasonable steps to protect visitors not only inside but also outside their buildings.

At Howard Lotspeich Alexander & Williams, PLLC (HLAW), we understand the complexities of Texas premises liability law. If you or a loved one has been injured in a sidewalk or parking lot accident, don’t wait. Contact our experienced personal injury attorneys today for a free consultation and let us fight for the justice you deserve.