Can I sue a texas school district for injury and negligence?

Asked about 2 years ago - Austin, TX

female-got hit from behind by a male student in the head knocking me out for over 10 minutes caused level four concussion.Out of work on student assault leave for several months.District ignored principal's request for years to get SRO's (security resource officers) on duty when students arrive.I am back to work still dealing with symptoms of shaking, dizziness and memory issues. I was told the symtoms would go away and yet a year plus, I am still dealing with these issues.Told I cannot sue the district, is this true? What about me? This injury has changed my life forever, I am having to deal with it everyday. After my injury, policy changed ensuring SRO's on duty when students arrive....hum.

Attorney answers (3)

  1. Kevin Rindler Madison

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    Contributor Level 18

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    Answered . It is unclear from your post whether you are a student or an employee of the school but is sounds like you are a teacher, is that correct? It would be difficult to try and sue a school district for failure to have a SRO early in morning when students arrive. Was the student charged with a criminal offense. I would recommend contacting an attorney who practices school law like Marty Cirkiel of Round Rock. Marty is listed on Avvo at http://www.avvo.com/attorneys/78664-tx-martin-c...

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  2. Christine C McCall

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    Contributor Level 20

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    Answered . Although your post is not entirely clear, it seems that you suffered an industrial (on the job) injury. If so, your rights to sue are ordinarily supplanted by the state's worker's compensation system which is your sole and exclusive right against your employer. In some very limited factual circumstances, you may have rights to sue the student or the student's parents.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Robert Don Fink

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    Contributor Level 16

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    Answered . Your question is a little unclear. If you are an employee, then your claim against the school would be handled as a workers compensation claim. You would only have a direct 3rd party action against the person who injured you and any entity other than your employer.

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