Legal Question in Personal Injury in Texas
Eye injury doing school art project
My 10 year old daughter attending 4 grade art class were teacher was having them creat something using coat hangers that had been cut and were to be bent. The end of the hanger came loose and flipped into her unprotected eye cutting her cornia across the puple. Being told this is now a perminate injury that will effect her the rest of her life. Requires glass now and daily medication as a result. Feel she should see an expert but unable to afford and feel school may be liable for not following there own safety guidlnes for use of safety glasses.
1 Answer from Attorneys
Re: Eye injury doing school art project
Unfortunately, Texas law makes school districts immune from tort claims such as this (an exception exists for claims arising out of vehicle accidents). If you can show that the teacher, principal, or another student was negligent and was the cause of the accident, you might could assert a claim against or sue the teacher/student. There is the good liklihood that these parties will be covered by some type of insurance, and will not have the immunity that that the legislature has given to the school district.
I think that this case is serious enough that you should consult an attorney in your community who handles personal injury cases.
Also, I would recommend that a plea be made to the school district provide some pro bono medical assistance. You may not get anywhere with such a request, but there is no harm in trying. However, talk to the lawyer first.
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