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Can i sue a school/district for my specials needs child getting hurt?

Houston, TX |

my daughter has a chromosome deletion.she is now 8 she started walking when she was 4yo. walks shaky but can do it, she can not speak at all.

last year she fell down some stairs at school face first onto concrete injured her face, nose,mouth,brow area

later in the year she came home limping badly, she ended up with a broken foot. cast and all

i had some meetings and phones calls and was assured nothing would happen again, well

shes in a new school, same district, the teacher said she fell on some stairs on the playground, she said ' i know you said to be extra careful on stairs because of last year, but this was unavoidable; i was caught off guard.

every time she puts weight on it she screams and falls. i will take to the er tomorrow if not better. im done, this is war. what can i do

Does sovereign immunity cover special needs children? i thought i read somewhere it doesn't 'cover' thing with them?

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Attorney answers 1


You do need to talk to an attorney as soon as possible. I will advise you that public school districts in Texas have sovereign immunity for most acts even if those acts are negligent. The Tort Claims Act provides a very limited waiver of immunity so your claim will have to fall within one of those waivers for you to have a claim. Generally, a Texas school district is only liable for claims arising out of the use of motor vehicles so I am not sure you have a viable claim. Nevertheless, seek legal advice as there may be other remedies or accommodations that can be made for your daughter.

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