Legal Question in Personal Injury in Texas

Daughter hurt at school

My daughter was hurt at school durning recess. She said she fell and a S hook caught her Left inter thigh. She had to be careflighted to a childerns hospital. I have been told a few differant things from lawyers and all I am looking for is the medical bill to be paid. Can the school be held reliable for the bills.


Asked on 5/01/09, 7:04 pm

2 Answers from Attorneys
Dan Street Street Law Firm

Re: Daughter hurt at school

As hard to believe as it is, all public schools in Texas are totally immune from all claims for injuries to students, unless the accident involved a motor vehicle. This means that, no matter how hurt a child is, the school district does not have to pay a dime--not for medical bills, pain and suffering--nothing. I think this is a terrible law, but, unfortunately, it is the law in Texas.

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Answered on 5/01/09, 7:15 pm
Roger Merrill Merrill & Associates

Re: Daughter hurt at school

If the school is a private school, then it lacks the immunity held by a public school and it might be found liable if you can prove that the hook was left in a negligent manner. If it's a public school, then it has immunity from ordinary negligence claims not involving the use of motor vehicles.

If the hook was part of a negligently designed or made product, then you might have a claim against its manufacturer.

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Answered on 5/02/09, 10:22 am


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