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

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. 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-cirkiel-187033.html

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/


  2. 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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. 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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