Legal Question in Personal Injury in Texas

Personal injury on Public School grounds

A metal brake (machine to bend metal - 500-700 lbs) fell on top of my son during Metal Shop class on the public school campus. School knew machine was top heavy. It's fallen once before, was never secured. Witness reports not clear how it fell over. Son's femur was broken. Is school liable for medical expenses?


Asked on 5/04/07, 10:16 pm

3 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Personal injury on Public School grounds

It looks like the school was legally responsible. However public school districts enjoy sovereign immunity.

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Answered on 5/04/07, 11:35 pm
Dan Street Street Law Firm

Re: Personal injury on Public School grounds

No. Public schools in Texas are immune from any claim for bodily injuries unless it involves a motor vehicle.

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Answered on 5/07/07, 10:11 am
Roger Merrill Merrill & Associates

Re: Personal injury on Public School grounds

Under state law, schools generally enjoy immunity from personal injury claims unless the use of a motor vehicle is involved. You cannot enforce a claim, but you could always ask the school to pay for any out-of-pocket expense. If not that, maybe the school could compensate in other ways like giving your son a prime assigned parking spot or some other sort of non-monetary favor.

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Answered on 5/05/07, 9:27 am


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