Who Do You Sue If You Fall at a Strip Center or Shopping Mall in Texas: The Store Tenant or the Commercial Landlord?
Direct Answer Under Texas Law
Under Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993), premises liability in a Texas shopping center follows ACTUAL CONTROL of the area where the fall occurred: (1) Inside the store's leased interior walls (or on an exterior sidewalk ramp that the store built or actively exercises control over, as in Alexander), the commercial TENANT is liable; (2) In the shared parking lot, drive aisles, common-area sidewalks, or mall concourses where the landlord collects Common Area Maintenance (CAM) fees to maintain the property, the commercial LANDLORD (and its property management company) is liable!
Critical Texas Procedural Trap to Watch Out For
If you sue ONLY the retail store for a pothole in a shared strip-center parking lot, the store will wait until the 2-year statute of limitations expires and then move for summary judgment producing its commercial lease proving the Landlord controlled the parking lot!
Recommended Action Plan for Texas Claimants
For any exterior sidewalk, curb ramp, entrance canopy, or parking lot injury at a leased commercial property, sue BOTH the retail store tenant and the fee-simple property owner/landlord well before the 2-year deadline.
Detailed Texas Statutory & Case Law Breakdown
Under Texas Control-of-Premises Rule (Inside Leased Space vs. Common Parking/Sidewalk) and controlling Texas appellate precedent in Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Control-of-Premises Rule (Inside Leased Space vs. Common Parking/Sidewalk) and how Texas courts apply Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993) in your county's appellate district.
- Beware of the Texas Procedural Trap: If you sue ONLY the retail store for a pothole in a shared strip-center parking lot, the store will wait until the 2-year statute of limitations expires and then move for summary judgment producing its commercial lease proving the Landlord controlled the parking lot!
- Execute the Texas Action Plan: For any exterior sidewalk, curb ramp, entrance canopy, or parking lot injury at a leased commercial property, sue BOTH the retail store tenant and the fee-simple property owner/landlord well before the 2-year deadline.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Who Do You Sue If You Fall at a Strip Center or Shopping Mall in Texas: The Store Tenant or the Commercial Landlord?
Under Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993), premises liability in a Texas shopping center follows ACTUAL CONTROL of the area where the fall occurred: (1) Inside the store's leased interior walls (or on an exterior sidewalk ramp that the store built or actively exercises control over, as in Alexander), the commercial TENANT is liable; (2) In the shared parking lot, drive aisles, common-area sidewalks, or mall concourses where the landlord collects Common Area Maintenance (CAM) fees to maintain the property, the commercial LANDLORD (and its property management company) is liable! Key Texas Trap to Avoid: If you sue ONLY the retail store for a pothole in a shared strip-center parking lot, the store will wait until the 2-year statute of limitations expires and then move for summary judgment producing its commercial lease proving the Landlord controlled the parking lot!
What Texas statute and Supreme Court / appellate precedent control suing the store tenant vs. commercial landlord?
This question is governed in Texas by Texas Control-of-Premises Rule (Inside Leased Space vs. Common Parking/Sidewalk) and the legal standards articulated in Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322 (Tex. 1993). Recommended step: For any exterior sidewalk, curb ramp, entrance canopy, or parking lot injury at a leased commercial property, sue BOTH the retail store tenant and the fee-simple property owner/landlord well before the 2-year deadline.
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