Texas School Injuries: Understanding Parents' Legal Options

Any student can sustain a school-related injury at any moment, from minor wounds and bruising to more severe conditions that necessitate medical intervention. In fact, several students are harmed annually at school in Texas as a result of accidents, negligence, or other contributing factors. In addition to affecting a child's academic performance and overall quality of life, these injuries may also significantly affect their physical and emotional health.

Given the gravity of these incidents, it is critical to understand the legal rights and alternatives accessible to parents and students who have suffered injuries on school grounds in Texas. As one of Dallas’s most experienced personal injury law firms, the Rasansky Law Firm will handle your case with professionalism and persistence and in your best interests. Don’t hesitate to get in touch with our team if you have concerns regarding injuries your child sustained at school.

Sovereign Immunity Laws in Texas

The legal principle of sovereign immunity has historically maintained that the government and its agencies, such as public schools and similar institutions, were exempt from liability and legal action. However, within the state of Texas, sovereign immunity is restricted by law, permitting specific claims to be lodged against the government and its agencies, including schools. Individuals may file a lawsuit against the government and its agencies, including public institutions, under Texas law under certain conditions and with adherence to particular restrictions.

As an illustration, an individual may file a claim against a government agency, including a public school, under the Texas Tort Claims Act (TTCA), alleging personal injury, property damage, or unlawful death resulting from the agency's negligent or wrongful conduct. Nonetheless, the TTCA imposes limitations and procedural requirements, such as a maximum amount of damages that may be recovered.

Filing an Injury Claim Against a Texas Public School

Individuals may file a lawsuit against a public school in Texas for injuries resulting from the institution's negligence or wrongful conduct. The following injuries may constitute grounds for legal action against a Texas public school:

• Premises liability: If a student sustains injuries after slipping and falling on a damp or slippery surface (e.g., a wet playground or a smooth floor), the educational institution could be liable for negligence in maintaining a safe environment.
• Physical education or school-sponsored sports injuries: If the school fails to furnish sufficient supervision, training, or safety equipment, it could potentially incur liability.
• Harassment and bullying: If a student sustains physical or emotional harm due to bullying or harassment by another student or staff member, the school could be held liable if it fails to implement suitable measures to prevent or remedy the conduct.
• Auto accidents: The school may be held liable for any injuries sustained by a student on a school bus or other mode of transportation if it can be found culpable for the driver's negligence, failure to maintain safe vehicles, or inadequate driver training.
• Negligent supervision: A school may be held liable if a student sustains an injury. In contrast, in the care and supervision of an employee, such as during recess or lunch, the injury was caused by the employee's negligence or failure to provide appropriate care.

How is Negligence Defined in Texas?

Let's start with a brief definition to determine how liability for school injuries works: negligence is a violation of the duty owed to others to protect them from the undue or unsafe risk of injury. And in Texas, there are the following components to a negligence claim:

1. Duty of care
2. A breach of that duty of care
3. Causation
4. Damages

The state of Texas is a fault or at-fault state. In the common personal injury event of a car crash, you may file a claim with the at-fault driver’s insurance company or a lawsuit against the other driver. That said, given that Texas is a comparative fault state, multiple parties can be assigned varying percentages of liability.

What is a Duty of Care?

The existence of a duty of care to the plaintiff is the determining factor in negligence claims in Texas. The law creates a duty when it establishes a link between a plaintiff and a defendant and imposes an obligation on the defendant. In court, the judge will consider whether or not a reasonable person would assume an obligation under the same circumstances, and the jury will decide whether or not the defendant's conduct was reasonable.

From there, when it comes to proximate cause in Texas, the obligation of the potentially liable person must be shown to be sufficiently related to the resultant occurrence, and this can be done through direct proof or circumstantial evidence presented by the plaintiff. Put another way, "Is it plausible that the plaintiff's accident was caused by the defendant's breach of the standard of care?" If it is more likely than not that the defendant was the cause of the injury in question, then you have grounds for a personal injury claim, including cases relating to schools in Texas.

Call the Personal Injury Attorneys at Rasansky Law Firm

In the aftermath of a serious accident that injured your child at school, we understand you must be feeling overwhelmed, scared, and frustrated. But we want you to know that you do not have to deal with this stressful situation alone. You should not hesitate to contact a Dallas personal injury attorney due to the legal intricacies of our state's laws. The good news is that you and your family may be entitled to compensation to help ease the burden of anticipated expenses. 

Our team of experienced and reputable lawyers at Rasansky Law Firm provides reliable legal counsel to our clients at every stage of the claim procedure. Contact our Dallas personal injury lawyers immediately if you or your child were hurt in a Texas accident on school grounds. If you have any concerns regarding your legal situation and would like a free consultation with one of our lawyers, please call 214-651-6100. We'll do all we can to help you win your case and get compensation for your injuries due to someone else's carelessness.