Can You Sue If Your Child Was Injured at a Texas Public School?

Millions of children are injured at school every year across the United States.

Some districts have already kicked off back to school, and the rest will follow in the coming weeks. As our children prepare to head back to school for 6 hours a day, it’s important to know what to do if your child suffers an injury.

Injuries at school are either intentional or accidental. If they occur because of the negligence of another party, you may have grounds for a lawsuit. However, suing a school (especially a public school) is incredibly difficult.

Sovereign Immunity Laws and How They Affect Your Case

In most cases, you cannot sue a Texas public school for an injury to your child, even if the injury was directly caused by a teacher or administrative staff’s negligence.

Public schools are government agencies and are therefore protected by sovereign immunity. This means that any claims filed against them are claims against the government, and such claims are incredibly difficult. Texas school districts have special rules that you must follow before you can begin filing an injury claim, which usually involves submitting an administrative complaint.

To find out if you are able to sue for an injury your child suffered at school, talk to a child injury attorney at Carabin Shaw. Initial consultations are always free, and you are not obligated to work with the firm after the consultation.

Types of Injuries That May Warrant a Lawsuit

Public schools aren’t shielded from everything, and some injuries that happen at school could be the fault of a third party.

Playground Injuries at School

The U.S. Consumer Product Safety Commission reports that over 206,700 children under 16 are injured on playgrounds every year.

Playground injuries may warrant a lawsuit if:

• Teachers did not properly supervise your child,
• The school or a maintenance company didn’t properly maintain the playground equipment,
• The playground equipment was defective or improperly designed.

In these cases, parents may have a lawsuit against the school district or the playground equipment manufacturer.

Sports Injuries at School

According to the U.S. Consumer Product Safety Commission, at least 12 children under 16 died between 2000 and 2019 due to sports accidents involving soccer goals.

Sports injuries may warrant a lawsuit if:

• Your child was injured but forced to continue playing,
• Your child was injured because of defective safety equipment,
• Your child was injured because of faulty sports equipment,
• Your child was injured due to a lack of adequate supervision.

In these cases, parents may have a lawsuit against the coach, the school district, the sports gear manufacturers, or the sports equipment manufacturers.

Allergic Reactions/Illnesses At School

Last year, Emmerson Kate Cole, 11, died from an allergic reaction to dairy at school in the Amarillo ISD.

You may be able to sue for an allergic reaction or illness at school if:

• Your child was exposed to Asbestos,
• Your child was exposed to lead,
• Your child was exposed to a toxic chemical,
• Or school staff failed to properly respond to a severe allergic reaction.

In these cases, parents may have grounds for a lawsuit against the school district and other third parties.

Was Your Child Injured at a Texas School? Call Shaw.

Just because lawsuits against public schools are difficult does not mean that you shouldn’t talk to an injury attorney about your case.

If your child was hurt at school, you could be eligible for damages, such as:

• Ambulance Costs,
• ER Treatment,
• Surgeries,
• Pain and Suffering,
• Trauma/PTSD,
• Disfigurement,
• Wrongful Death,
• And More.

We’ll help you find out if your case qualifies for free.

Call Shaw for a Texas school injury at 800-862-1260 today to schedule your free consultation with one of our child injury attorneys. We put our clients first because we care. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

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¹CPSC on School Injuries