What happens if your child’s involved in an accident at school? What are the legal rights that you have?
So your child’s been injured as a result of something that happened at school, whether it was on the playground, because maybe the teachers weren’t watching, or some other incident— he trips and falls or she has an incident in the lunchroom. Hopefully that never happens, but if it does, what are your legal rights?
Well, in Texas and many other states for that matter, not much. And in fact, the law specifically provides, in general, that you cannot sue a school district or a teacher for conduct that may result in the injury of your child. Why is this? It’s kind of a holdover from when the king was around. You couldn’t sue the king. That’s translated into you can’t sue the government, and the school district is part of the government. That’s why, in general, you can never sue a school district for the injuries your child might have received while at school.
However, there are a number of exceptions to that. One being if it involves a motorized vehicle, such as a bus accident, then you might have some kind of legal recourse.
There are, of course, many other exceptions to the rule, but as a general rule, you’re barred from suing the school district.
If your child’s been injured as a result of an injury at a school district, please contact a board-certified personal injury trial attorney (like myself) and find out what your legal recourse and rights may or may not be.
CATEGORY: Bar Talk
