In Texas, if your kid gets hurt in school, you can only sue the school if a car was involved.

[DetlefK]

http://www.rawstory.com/2017/06/texas-law-bars-parents-from-suing-schools-even-when-their-children-fall-into-a-den-of-rattlesnakes/

The Houston Press described the horrifying incident of a boy playing in a sandbox on the school playground when the ground caved in and he dropped into a den of rattlesnakes. He was bitten multiple times and nearly died, but because the incident didn’t occur in a school vehicle, nothing can be done.

...

Houston attorney Al Durrell’s five-year-old son was carried upside down from the cafeteria to the principal’s office and his jaw was broken in the process. The school called Durrell saying there was blood on his son and his clothing and they didn’t know whose it was. When he picked up his son, the boy wasn’t talking and pointed to his mouth. His father rushed the child to the dentist where two teeth had to be pulled and they discovered the broken jaw.

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One case involved a special needs student on a Houston elementary school bus, who was sexually assaulted by two other students. There were similar assaults at the school in the days leading up to the incident. The mother filed a suit alleging the district was negligent because they filed to operate security cameras on the bus. Lower courts let the lawsuit move forward but the school district appealed to the 14th Court of Appeals, where the suit was dismissed. They claimed the injury “did not arise from the operation or use of a motor-driven vehicle.”

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Another case involved an eight-year-old special needs student who had trouble staying in his seat on the bus. The school installed a harness to ensure he couldn’t get out. One day, however, he got out, opened the emergency exit door and fell out of the bus.

Justice Terry Jennings wrote the majority opinion saying, “The Montoyas have still failed to demonstrate that Marcos’s injuries actually arose from the bus driver’s operation or use of the bus … This allegation actually relates to the bus driver’s duty to supervise and respond to Marcos’s behavior on the bus, not the driver’s operation or use of the bus itself.”

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These are just a few of many cases. In 1993 a case arose involving a bus driver letting a student off at a nondesignated stop where she was subsequently murdered. The school wasn’t found to be culpable by the court because the murder didn’t result from the movement of the bus.

Another student was stabbed on the bus and the court decided “the injury arose out of the failure to control the behavior of the bus occupants, rather than the operation and use of the motor vehicle.”

[Doreen]

1. Texas law is evil.