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Byrd Davis Alden & Henrichson, LLP - Personal Injury Lawyer
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Can You Sue if Your Child Suffered a Slip and Fall at School?

Children are prone to running around without a care in the world, but every now and then this innocent play will turn into a more serious accident. Children are at a big risk for slip and fall accidents, especially at the school where they spend most of their time. If your child was injured while at school, a personal injury lawsuit may seem like the most obvious answer. There are more steps when it comes to filing a suit against a government agency, however. And because public schools are owned by the government, you might need to fight harder to get recovery for your child's injuries.

Injury Lawsuits Against Government Entities. Personal injury lawsuits against government agencies such as public school districts are subject to special rules that are called the Tort Claims Acts. These requirements generally ask the person involved in the personal injury suit to file a notice of claim. This notice serves as an invitation to the government to accept or deny the injury claim before the injury lawsuit can be filed. These claims also have a shorter statue of limitations that might be as short as 60 days, compared to the three years that sometimes govern personal injury lawsuits. Failing to file your claim within this time frame or not following the proper procedures might result in your child's claim being denied and barred from being refiled.

Premises Liability Claims Against Schools. Slip and fall lawsuits are often filed under the legal condition of premises liability, which makes a property owner liable for injuries sustained while on the property as the result of unsafe conditions. The government, however, has immunity that makes it more difficult to prove liability (premises liability is longer a satisfactory condition).

With the help of one of the injury attorneys at Byrd Davis Alden & Henrichson, LLP, you can find out what conditions must be met for you to file a lawsuit against the public school where your child was injured. If you feel like you have trouble with filing the government claims or that the school is resistant to admitting fault for an injury that you believe they caused, call us immediately. Slip and fall accidents are serious and your family deserves to be compensated for this injury.

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    Robert Alden: 2005, 2006, 2008-2019
    Kevin Henrichson: 2017-2019
    Rising Star: 2005-08, 2013-14
    Derek Davis: Rising Star 2004

    Super Lawyers are chosen by Thomson Reuters and published in Texas Monthly Magazine

  • Don Davis:
    Personal Injury Litigation 1993-2014
    Legal Malpractice Law 2014

    Robert Alden:
    Commercial Litigation 2006-2020
    Bet-the-Company Litigation 2010-2020
    Personal Injury Litigation 2011-2020
    Lawyer of the Year – Personal Injury 2012
    Lawyer of the Year – Bet-the-Company Litigation 2019

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    Byrd Davis Alden & Henrichson, LLP:
    2002-2012

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  • Byrd Davis Alden & Henrichson, LLP:
    Tier 1 Personal Injury Litigation 2010-2019
    Tier 1 Commercial Litigation 2011-2019

  • Byrd Davis Alden & Henrichson, LLP:
    Tier 1 Personal Injury Litigation 2010-2019
    Tier 1 Commercial Litigation 2011-2019

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