What to do if my wife works for the public school system and the maintenance crew damaged our car?

UPDATED: Nov 8, 2013

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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


Brook Miscoski / Hurr Law Office PC

Answered 9 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.

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