What to do if my wife works for the public school system and the maintenance crew damaged our car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my wife works for the public school system and the maintenance crew damaged our car?
While at work, the maintenance crew mowed and a rock shot out from the riding lawnmower and hit and shattered the rear passenger operating window of our car. We have pictures showing damage and also the mower in close proximity. The District is aware that they caused the damage but is telling that they are exempt from those types of damages under state law and all they can do is say “Sorry” therefore they will not pay or reinburse for damages. Now I am out $300. Is this true, that they are not liable?
Asked on November 8, 2013 under Accident Law, Texas
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 10 years ago | Contributor
School Districts are exempt from most claims under the Texas Torts Claims Act.
However, there is an exception for injuries caused by the negligence of employees operating motor vehicles within their function for the school district.
The question (assuming that the riding lawn mower will qualify) is whether the school employee was negligent. I think it might be hard for you to show that the operator of the mower was negligent...this is just the kind of thing that can happen despite no negligence at all.
I certainly wouldn't waste time pursuing this $300 claim.
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.