Can we sue a school if our daughter was tipped out of her wheelchair after coming out of a body cast because the ramp was not ADA approved?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can we sue a school if our daughter was tipped out of her wheelchair after coming out of a body cast because the ramp was not ADA approved?

This took place almost 4 years ago. She hes a hip dysplasia and is in terrible pain still and may need to go back into the Ilizarov frame.

Asked on July 2, 2012 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Probably one of the biggest tragedies in personal injury law for children is a thing called "immunity"... and school districts have lots of it.  Kids have literally been killed in the care of teachers and coaches, only for the school district to waive the immunity flag and walk away from negligent acts with no accountability.  However, it is possible, under very limited circumstances.  In the situation you describe... the history of the person(s) involved and the ramp could potentially break the immunity== but it will be very fact specific.  Your other issue is going to be statute of limitations-- which is looks like you've fallen past.  Again, there are some exceptions.  To see if the exceptions for immunity and statute of limitations would apply to your daughter's case, you need to gather as much info about the incident and medical issues and have a personal injury attorney review your case.  Try to find one that has had experience in suing governmental entities since this is a particularly challenging area of law. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption