Can I Sue My Child’s School for Injury in Texas?

When you send your child off to school each morning, you trust that school to keep your child safe. Unfortunately, a school’s negligence can cause injury to your child. The ease with which you can sue your child’s school for injury in Texas will depend on whether or not a school is public or private.

It is very difficult to sue Texas public schools for injuries because of sovereign immunity laws. That being said, parents can sue in instances of school bus accidents or if their child’s civil rights have been violated. The “sovereign immunity” laws protecting public schools can be complex, so it’s important to hire a lawyer if you believe you have a case. However, sovereign immunity laws don’t protect private institutions in Texas from litigation, making it simpler to sue them for a child’s injuries.

Our lawyers are dedicated to helping parents and their injured children get the justice they deserve from Texas schools. For a free case evaluation, call the Arlington personal injury lawyers at The Queenan Law Firm, P.C. today at (817) 476-1797.

Suing a Texas Public School for Injuries

Parents in Texas should know the difficulty surrounding filing a lawsuit against a public school. It can be rather difficult in Texas to bring a personal injury claim against a public school because of the state’s sovereign immunity laws.

Public schools in Texas are funded by taxpayers and are government institutions. So, when parents file a lawsuit against a Texas public school for their child’s injuries, they are really filing a lawsuit against the government. In many instances, suing the government of Texas puts restrictions on your case and limits what kinds of cases can proceed.

The same is true for filing a lawsuit against a teacher or school staff member who was acting within their scope of duty when your child sustained their injuries. Public school teachers are considered government employees and are generally protected by sovereign immunity laws.  However, there are some situations where these claims are simpler, especially with school bus accidents and mistreatment of disabled students.

Under the Texas Tort Claims Act, parents have a short period to file a notice of injuries. If they fail to do so, they could lose their right to sue a Texas public school for compensatory damages after their child is injured. Suppose you speak to your Texas personal injury lawyer, and they believe you have a case against a school. In that case, you must file a notice with the appropriate agencies within six months of an accident, which is much shorter than Texas’ two-year statute of limitations for regular personal injury claims. Call a Dallas personal injury lawyer right away for help.

What Types of Injuries Can You Sue a Public School for in Texas?

Although Texas’ sovereign immunity laws protecting public schools from litigation are strict, there are notable exceptions. For example, in cases of school bus accidents, parents can file a lawsuit against a public school for damages. Parents can also sue Texas schools for other injuries, physical and emotional, resulting from sexual abuse or discrimination.

According to the Texas Tort Claims Act, parents can sue a public school for their child’s injuries resulting from a school bus accident. Parents could file a lawsuit against a responsible school bus driver and potentially a school district itself for negligence if their child sustained injuries in a school bus accident. That being said, damages may be limited, depending on the circumstances of the accident.

Parents can also file a claim against a Texas public school in instances where a school employee was acting within the scope of their employment and would have been liable if they were a private individual. This can be difficult to understand, so hiring a Texas personal injury lawyer is crucial if parents need to sue for their child’s injuries sustained at school.

While it can be difficult to hold a public school in Texas liable for certain injuries, federal laws protect children across the country. For example, parents may be able to sue a public school for their child’s injuries if a public school violated their child’s rights afforded by the Americans with Disabilities Act. For example, if your child has a physical or mental disability, and a Texas public school discriminates against them, causing them injury, you should hire an attorney. It’s possible to bring a federal civil suit against a school or employee for damages.

Title IX of the Civil Rights Act protects students in Texas from sex-based discrimination in schools, including sexual abuse. If your child was sexually abused while at school, our Flower Mound personal injury lawyers can help you file a claim against the responsible parties.

Can You Sue a Private School for Injuries in Texas?

While there are strict rules about suing a Texas public school for your child’s injuries, that’s not true for Texas private schools. In Texas, sovereign immunity laws don’t protect private schools from litigation as they are not government institutions.

If your child attended a private school in Texas and was injured because of a school or teacher’s negligence, you can file a lawsuit for damages. Parents can hire a Fort Worth personal injury lawyer and sue a private school with the same ease as suing a private individual.

Because of this, parents can sue a private school for any injury resulting from negligence, not limited to school bus accidents. In addition, the same federal laws that protect students from discrimination and harm in public schools, the Americans with Disabilities Act and Title IX, also protect private school students in Texas.

Call Our Texas Lawyers Today if Your Child Was Injured at School

While it can be difficult to sue a Texas school for injury, our lawyers will work tirelessly to recover the damages that your family deserves. For a free case evaluation, call the Houston personal injury lawyers at The Queenan Law Firm, P.C. today at (817) 476-1797.