Am I able to sue the district if my 4 year old son suffered an amputation of his finger due to his teacher not paying attention and another faculty member closing his hand in a door?

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Am I able to sue the district if my 4 year old son suffered an amputation of his finger due to his teacher not paying attention and another faculty member closing his hand in a door?

Asked on August 25, 2015 under Personal Injury, Texas

Answers:

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

Answered 6 years ago | Contributor

School districts in Texas do have what is called "governmental immunity."  This means that districts are almost bulletproof from litigation for the injuries they inflict on students.  Quite frankly, it's probably one of the greatest personal injury injustices in the State because many districts use it like a weapon.  Some districts are more stand up and will still let you file a claim on their insurance.  You need to find a law firm that really understands school law, not just personal injury law, to see if they can work with the district for some relief for your son.
The emphasis here is "almost."  There are some exceptions... they are difficult to invoke, but not impossible. Again, however, you need to find an attorney or law firm that specializes in suits against district so they can advise you if one of these narrow exceptions would apply to your son's case.


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