Legal Question in Personal Injury in Texas
Personal injury at school
My child was beat up at his elementary school and sustained an injury to his eye. This was done by an older child at recess. I gave them a day to find out who did this and they have yet to find out. I have taken pictures of his injury and he will be seeing his physician today. Can I hold the school and parent's legaly responsible for this and is there any action I can take if they don't find out who did this to him in a timely manner. This happened Friday April 20th but my son did not tell the school staff the truth out of fear. He told us over the weekend. Today is Tuesday April 24th and we have yet to hear from the school. They said they will try and find out today. Thanks!
3 Answers from Attorneys
Re: Personal injury at school
Public schools are immune from most tort claims and parent's usually are not responsible for the torts of their children.
Re: Personal injury at school
I would disagree with Mr. Merrill. parents are responsible for damages caused by their children. Further, this was an assault. I urge you to report this to the police and press criminal charges. The type of violent instigators must be removed from the general population of our schools.
Re: Personal injury at school
All public schools in Texas have immunity from tort liability except for injuries involving motor vehicle accidents. Parents may be liable for the actions of their minor children, but you would have to show a lack of supervision on the part of the parent. It is doubtful a random assault would qualify.