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Can I file a personal injury lawsuit against the school district for neglet?

my 11 year old hurt his knee in the gym because of standing water on the floor. the school told me their custodians have more to do than mop floors. they always have water on the gym floors because there is no air conditioning out there. my son is having to see a orthopedic specialist. the school also has standing water in the 6th grade hallway and in the bathrooms. I feel this would represent negligence, are they protected by the statute when negligence is present?

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Attorney answers (4)

Reputation Level 7
Each state has its own laws and some grant school districts immunity - other states have laws relating to assumption of the risk when engaged in sporting events. You need to speak directly to a licensed lawyer who handles these matters in the state in which this matter occurred. A competent lawyer who handles these types of matters will be able to answer your questions and should not charge you anything - these types of cases are generally taken on a contingency basis.

Reputation Level 20
I suggest that you contact a personal injury attorney in your area regarding your son's injuries. Generally personal injury attorneys will offer a free consultation. I suggest you take advantage of this service.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

Reputation Level 14
You need to speak with a Texas personal injury attorney. Sometimes, personal injury claims against school districts/schools, which are government entities, are barred because of a defense known as government immmunity.

Each case is different and depends on the accident facts.

For free information on Texas personal injury and child injury claims, please visit the link below.

Good luck!

Jason

Reputation Level 11
In Texas, the school districts are normally immune, unless there is an allegation of negligent operation of a motor vehicle (which obviously does not apply here). However, there are often private contractors who are responsible for the custodial care of the facility, and they may be responsible for picking up water like that.

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