Parents expect teachers, school administrators and school staff to take basic precautions to protect children from injury on school property. For example, if equipment on a playground is faulty and dangerous, then the issue should be appropriately addressed as soon as the school knows about it.

Likewise, school employees should be properly screened to ensure that nothing in their background suggests that they would be a danger to children.

Unfortunately, children do suffer injuries at school because of negligence and wrongful acts on the part of school employees. When this happens, the parents may have grounds for a legal claim for compensation.

The Concept Of Sovereign Immunity

The legal principle of "sovereign immunity" — or "governmental immunity" on city, county and small government levels — protects government entities from being sued. Public school districts are typically regarded as agencies of the local government.

While sovereign immunity exists under Texas law, there are circumstances in which a public school district can be sued for injuries suffered on school property. Typically, there must be proof that the injury or damage resulted from a wrongful act, an omission or negligence on the part of a school employee.

Examples Of School Negligence

In general, when your child is at school, the school is responsible for ensuring that the environment is safe for your child. School safety can be compromised, however, in a variety of ways. For example, a public or private school may be liable for injuries to a student in the following circumstances:

  • The injury was caused by damaged school property such as chairs, stairways, walls or playground equipment, and the school knew of the problem, but failed to make the appropriate repairs.
  • The school failed to provide appropriate supervision and traffic restriction near a playground, and a child was struck by a vehicle as a result.
  • Teachers and school officials took no action to stop or prevent known bullying incidents.
  • The school failed to administer necessary medication, causing injury to a student.
  • Negligence on the part of a school bus driver caused student injuries.
  • School employees failed to observe security policies, allowing a stranger to enter the premises without permission and cause harm to students.
  • A student was injured because fire alarms or other safety warnings were not in working order.

Contact The Levine Law Firm Today

School injury claims require swift legal action. If your child was injured at school, contact The Levine Law Firm in Austin for a free initial consultation. We work quickly and efficiently on behalf of our clients to help them obtain the compensation they need and deserve. To speak with an experienced personal injury lawyer, contact our office online or call 512-893-6128 today.