Legal Question in Personal Injury in Texas
My son was injured on the football field at a game. He was taken straight to the hospital by ambulance. His femur was broke and knee dislocated. He had surgery (a plate and 9 screws) now we are looking at 8-9;months of Physical therapy at least 2 days a week. Medical expenses are adding up,thank goodness for insurance BUT copay on therapy and we just found out that the ambulance was not "recognized " by insurance ($1400) In talking to others it keeps being suggested that the school should have insurance to help as well. I have no idea who to ask and wanted to see if it is legally their responsibility to help?
1 Answer from Attorneys
the Texas tort claims act permits recovery against a school district only for injuries involving motor driven vehicles. otherwise, it does not permit any recovery for any acts of negligence.
"Civil Practice and Remedies Code Section 101.051. School and Junior College Districts Partially Excluded. Except as to motor vehicles, this chapter does not apply to a School District or to a Junior College Dist. "
This Means That there is no waiver of sovereign immunity, since the chapter waiving sovereign immunity does not apply. There must be a waiver of sovereign immunity in order to bring a case against any governmental entity under the circumstances.
At one time there was a Texas Tech use of tangible property case that permitted recovery for the failure to provide a knee brace. That case has been overruled and there would be no recovery in that case today.
Sorry. (713) 629-1111
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